Da Silva v. WakeMed
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The Supreme Court affirmed the decision of the court of appeals concluding that an internist proffered by Plaintiff to provide standard of care expert testimony against three hospitalists was properly qualified under N.C. R. Evid. 702(b) and that the evidence was sufficient to raise a genuine issue of material fact that the hospitalists proximately caused Plaintiff's injury.
Plaintiff brought this medical malpractice action seeking recovery for the decedent's injury and death. The only claims remaining arose from the hospitalists' alleged medical negligence. During discovery, Plaintiff provided the deposition of Dr. Paul Genecin as expert testimony on the standard of care. The trial court concluded that Dr. Genecin did not qualify as an expert and, because Dr. Genecin was Plaintiff's only standard of care expert, granted summary judgment for Defendant. The court of appeals reversed, concluding that Dr. Genecin was competent to testify. The Supreme Court affirmed, holding (1) Dr. Genecin was qualified to testify to the standard of care, and his testimony sufficiently forecasted proximate cause; and (2) Plaintiff presented sufficient evidence of proximate cause, and therefore, summary judgment was inappropriate.
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