• 11
  • August
    2010

The North Carolina Court of Appeals recently overturned a judge's directed verdict in a wrongful death case that went to trial in 2008. The subject of the case was the alleged medical malpractice of a physician and his assistant following a car accident in 2003.

The original case involved a medical malpractice lawsuit brought by the parents of Duncan Christopher Day, who died in October of 2003. Day was involved in an automobile accident and was taken to Lake Norman Regional Medical Center where he was treated by Dr. Thomas Alan Brant and his physician assistant Edward William Hales. Day was released from the hospital, but died less than 12 hours later, apparently due to a lacerated liver that had not been detected at the hospital.

A wrongful death lawsuit was filed against the medical professionals in 2004. The trial began in 2008, and after both sides had presented their case, the defendants asked the judge to dismiss the lawsuit. The defendants argued that Day's parents had not presented any evidence that there was a failure to properly treat Day following the car accident. In particular, they argued that the experts used by the plaintiffs were not qualified to testify and failed to provide a link between the level of medical care provided and Day's eventual death.

The trial judge agreed with the defendant's argument and issued a directed verdict, which essentially means the judge took the case away from the jury because there was only one reasonable outcome for trial based upon the evidence. Day's parents appealed the judge's decision to the Court of Appeals, who then heard the case last November and then recently overturned the trial judge's opinion.

The case will now go back to trial, but a date has not yet been set for those proceedings to begin. Although it may seem rather technical, this case provides a good example of why it is so important to ensure you have qualified expert witnesses that can support your case with knowledgeable testimony.

Related Resources:

Appeals court overturns verdict in civil lawsuit (Statesville Record & Landmark)