Sides v. Cabarrus Memorial Hospital, Inc.
North Carolina Supreme Court
213 S.E.2d 297 (1975)
- Written by Jamie Milne, JD
Facts
Terry Sides gave birth to her daughter at Cabarrus Memorial Hospital (hospital) (defendant). Shortly after the birth, Terry started to lose blood and required a blood transfusion. Terry received the wrong blood type and died. Terry’s husband, Larry Sides (plaintiff) filed a tort suit against the hospital, alleging that the hospital was liable for damages because its doctors and staff were negligent in their failure to properly match and crossmatch Terry’s blood. The hospital, which was operated by the county, moved to dismiss, claiming that it was immune from liability because running the hospital constituted the performance of a governmental function. The superior court denied the motion to dismiss, and the court of appeals affirmed. The hospital appealed to the North Carolina Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Copeland, J.)
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