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Webb v. Nash Hospitals Inc.6/15/1999
eview improvidently allowed, 343 N.C. 118, 468 S.E.2d 58 (1996). In order to establish negligence, a plaintiff must allege (1) a legal duty, (2) breach of that duty, (3) injury caused by a breach of that duty, and (4) damages. Mozingo v. Pitt County Memorial Hospital, 331 N.C. 182, 187, 415 S.E.2d 341, 344 (1992).
In this case, Mrs. Webb failed to allege in her complaint any duty or breach on the part of Neal Adkins, Jr., M.D., the physician on call for Rocky Mount OB-GYN. Indeed, the only fact alleged in the complaint was that Charles E. Williamson, M.D. "discussed Mrs. Webb's condition with the OB-GYN on call--Neal A. Adkins, Jr., M.D., an employee and/or agent of Defendant Rocky Mount OB-GYN Associates, P.A." There is no allegation that a physician-patient relationship existed between Dr. Adkins and Mrs. Webb, nor are there any allegations about the subject matter of Dr. Williamson's Discussion with Dr. Adkins. Although Mrs. Webb cites Mozingo as authority that an on-call physician may be held liable if he gives negligent advice or negligently supervises another physician, there are no facts alleged in this case which would support any negligence on the part of Dr. Adkins and Rocky Mount OB-GYN. The trial court, therefore, was correct in dismissing the claims against Rocky Mount OB-GYN.
Affirmed in part, reversed and remanded in part.
Chief Judge EAGLES and Judge LEWIS concur.
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