Billings v. Rosenstein10/18/2005
a judgment as a matter of law." N.C. Gen. Stat. § 1A-1, Rule 56(c) (2004). But summary judgment is rarely appropriate in negligence cases. Vassey v. Burch, 301 N.C. 68, 73, 269 S.E.2d 137, 140 (1980); Beaver v. Hancock, 72 N.C. App. 306, 310, 324 S.E.2d 294, 298 (1985).
"In a medical malpractice action, a plaintiff must show (1) the applicable standard of care; (2) a breach of such standard of care by the defendant; (3) the injuries suffered by the plaintiff were proximately caused by such breach; and (4) the damages resulting to the plaintiff." Weatherford v. Glassman, 129 N.C. App. 618, 621, 500 S.E.2d 466, 468 (1998). Section 90-21.12 of the North Carolina General Statutes prescribes the appropriate standard of care in a medical malpractice action:
In any action for damages for personal injury or death arising out of the furnishing or the failure to furnish professional services in the performance of medical, dental, or other health care, the defendant shall not be liable for the payment of damages unless the trier of the facts is satisfied by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.
N.C. Gen. Stat. § 90-21.12 (emphasis added). "Because questions regarding the standard of care for health care professionals ordinarily require highly specialized knowledge, the plaintiff mustestablish the relevant standard of care through expert testimony." Smith v. Whitmer, 159 N.C. App. 192, 195, 582 S.E.2d 669, 671-72 (2003); see Heatherly v. Indus. Health Council, 130 N.C. App. 616, 625, 504 S.E.2d 102, 108 (1998); see also N.C. Gen. Stat. § 8C-1, Rule 702(a) (2004).
Although it is not necessary for the witness testifying as to the standard of care to have actually practiced in the same community as the defendant, see Warren v. Canal Indus., Inc., 61 N.C. App. 211, 215-16, 300 S.E.2d 557, 560 (1983), the witness must demonstrate that he is familiar with the standard of care in the community where the injury occurred, or the standard of care of similar communities. See, e.g., Smith, 159 N.C. App. at 197, 582 S.E.2d at 673; Henry v. Southeastern OB-GYN Assocs., P.A., 145 N.C. App. 208, 210, 550 S.E.2d 245, 246-47, aff'd per curiam, 354 N.C. 570, 557 S.E.2d 530 (2001); Tucker v. Meis, 127 N.C. App. 197, 198, 487 S.E.2d 827, 829 (1997).
When determining whether an expert is familiar with the standard of care in the community where the injury occurred, "a court should consider whether an expert is familiar with a community that is similar to a defendant's community in regard to physician skill and training, facilities, equipment, funding, and also the physical and financial environment of a particular medical community." Pitts v. Nash Day Hosp., Inc., 167 N.C. App. 194, 197, 605 S.E.2d 154, 156 (2004), aff'd per curiam, 359 N.C. 626, 614 S.E.2d 267 (2005).
In Coffman v. Roberson, 153 N.C. App. 618, 624, 571 S.E.2d 255, 259 (2002), disc. review denied, 356 N.C. 668, 577 S.E.2d 111 (2003), this Court held that a doctor could testify regarding the standard of care when the doctor testified that: (1) he practiced in the Charlotte, North Carolina area and was licensed to practice throughout the State; (2) he was familiar with the standard of care of communities similar to Wilmington, North Carolina; and (3) he based his opinion on "Internet research about the size of the hospital, the training program, and the AHEC (Area Health Education Center) program."
In Pitts, th
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