Statutory Standard of Care for North Carolina Health Care Providers

This comment will examine the North Carolina statutory standard of care applicable to health care providers. Emphasis is directed to practical aspects. The topics selected for discussion are: review of relevant statutes, case law requirements to establish the standard of care, statutory effect of "same or similar community", obtaining competent expert testimony, viability of national standards and uniform treatment, and the potential of an absolute defense as a statutory flaw. Finally, an equitable interpretation is proposed to eliminate this flaw.