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Bowlin v. Duke University12/1/1992
erland County Hosp. System, 317 N.C. 110, 343 S.E.2d 879 (1986). The first prong of the test in Watts is easily satisfied if plaintiff alleges defendant Dr. Jones was her attending physician at Duke Medical Center. Our Court has consistently recognized the physician-patient relationship to be a fiduciary one, "imposing upon the physician the duty of good faith and fair dealing." Id. See Black v. Littlejohn, 312 N.C. 626, 325 S.E.2d 469 (1985).
While plaintiff has established a relationship of trust and confidence between defendant Dr. Jones and herself, we find that she has not alleged facts sufficient to show defendant Dr. Jones breached his fiduciary duty or took advantage of plaintiff's trust to her detriment. Again, there was no affirmative duty to inform the plaintiff of Mr. Shpall's status, and it is common practice for medical students at teaching hospitals to assist in medical procedures. As we have noted, informing the patient of each assistant's level of training or level of expertise is not an affirmative duty we will impose in such cases. Therefore, we find the forecast of evidence presented insufficient to support plaintiff's claim for constructive fraud.
For the reasons stated, we affirm the trial court's order granting partial summary judgment in favor of defendants.
Affirmed.
Judges ARNOLD and LEWIS concur.
Disposition
Affirmed.
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