BRIGHAM v. HICKS

No. 7826SC993.

260 S.E.2d 435 (1979)

44 N.C. App. 116

Frances BRIGHAM v. J. Robinson HICKS, the Nalle Clinic Company, and the Charlotte-Mecklenburg Hospital Authority.

Court of Appeals of North Carolina.

December 4, 1979.


Attorney(s) appearing for the Case

Paul L. Whitfield and Rodney W. Seaford, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by John G. Golding and Harvey L. Cosper, Jr., Charlotte, for defendants-appellees.


WEBB, Judge.

We discuss first the plaintiff's claim that defendant assaulted her by performing a Craig needle biopsy on her without her informed consent. We note at the outset that G.S. 90-21.3 has no application in this case. It was ratified 12 May 1976 and does not apply to litigation pending at that time. The courts in this state have recognized that there may be an action for assault if a physician performs a surgical procedure on a person without properly informing...

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