Wilson v. Martin Memorial Hospital

• Decision Date: 20 September 1950
• Docket Number: No. 17,17
• Citation: 232 N.C. 362,61 S.E.2d 102
• Court: North Carolina Supreme Court
• Parties: WILSON, v. MARTIN MEMORIAL HOSPITAL, Inc., et al.

Page 102

61 S.E.2d 102

232 N.C. 362

WILSON, v. MARTIN MEMORIAL HOSPITAL, Inc., et al.

No. 17

Supreme Court of North Carolina.

Sept. 20, 1950

John H. Blalock, Pilot Mountain, and Dallas C. Kirby, Danbury, for plaintiff-appellant.

Folger & Folger, Mount Airy, for defendants-appellees.

DEVIN, Justice.

The judgment of nonsuit as to the defendant Martin Memorial Hospital, Inc., was properly entered, Smith v. Duke University, 219 N.C. 628, 14 S.E.2d 643; Penland v. French Broad Hospital, 199 N.C. 314, 154 S.E. 406, but a different question is presented by plaintiff's appeal from the judgment of nonsuit as to the individual defendants.

In reviewing the trial judge's ruling on the motion to nonsuit, the established rule requires that we consider the evidence offered on behalf of the plaintiff in the light most favorable for her, and that she is entitled to all reasonable inferences in her favor which properly may be drawn from the evidence.

Viewed in this light we think there was some evidence that the defendants Dr. Ashby and Dr. Telle failed to exercise due care in the treatment of the plaintiff, and that this proximately resulted in injury.

The plaintiff's evidence tends to show that Dr. Ashby, who had been engaged to treat the plaintiff professionally in her pregnancy and childbirth, was absent at the time she entered the hospital for her accouchement, and that he arranged for the plaintiff to be under the care of Dr. Telle, previously unknown to the plaintiff, who thereafter treated her. This would seem to permit the inference that Dr. Ashby thereby constituted Dr. Telle his agent for the performance of the necessary services to the plaintiff which he had contracted to render. Nash v. Royster, 189 N.C. 408, 127 S.E. 356.

It is the duty of a physician who has agreed to render professional services to a patient not only to use due care and diligence in his treatment of the patient, but he must exercise reasonable care to see that such attention is given as the case properly requires. A physician whose services are thus engaged undertakes that he possesses the requisite degree of learning, skill and ability necessary for the practice of his profession, such as others similarly situated ordinarily possess, and that he will exercise ordinary care and diligence in the use of his skill and in the application of his knowledge in the patient's case, and that he will use his best judgment in the treatment and care of the case entrusted to him.

The physician is in no sense an insurer, nor is he infallible. Absolute accuracy in judgment and in practice is not required, nor may he be held responsible for the unsuccessful outcome of his treatment, unless it proximately result from the omission to use reasonable care and diligence under the circumstances, or from failure to use his best judgment in the treatment. It is required not only that he have that reasonable amount of knowledge and skill he holds himself out to possess, but also that he use it in the treatment of his patient. Nash v. Royster, 189 N.C. 408, 127 S.E. 356; Covington v. Wyatt, 196 N.C. 367, 145 S.E. 673; Covington v. James, 214 N.C. 71, 197 S.E. 701; Groce v. Myers, 224 N.C. 165, 29 S.E.2d 553; 41 A.J. 198, 201. 'It has been repeatedly held here that the physician or surgeon who undertakes to treat a patient implies that he possesses the degree of professional learning, skill and ability which others similarly situated ordinarily possess; that he will exercise reasonable care and diligence in the application of his knowledge and skill to the patient's care; and exert his best judgment in the treatment and care of the case entrusted to him.' Buckner v. Wheeldon, 225 N.C. 62(65), 33 S.E.2d 480, 483. Liability does not flow...