Kennedy V. Parrot Brief

KENNEDY V. PARROT (N.C. App. 1956)

PARTIES & ROLES: Kennedy, a patient, is suing Parrot, a doctor, for battery.

FACTS: P patient consulted D doctor and subsequently had surgery for apendiscitis. During the surgery D doctor discovered and removed cycsts from P patient’s ovaries. A blood vessel was cut during the procedure and P patient developed phlebitis. Serious, injury; additional surjury; extreme pain.

HIST: T/Ct. verd. For the D doctor.

ISSUE #1: Did the T/Ct. error in determining that D was not at fault for the plaintiff’s phlebitis?

DISP.#1: No. Verd. for D doctor.

RULE #1: When a doctor acts with due care for their patients they are not guilty of negligently causing a patient injury.
...