Appeals Court Reinstates Lawsuit of N.C. Woman Who Fell Off Operating Table

May 30, 2017

The North Carolina Court of Appeals has revived a lawsuit stemming from a woman’s 2012 surgery during which she fell off the operating table while her body was cut open and had surgical implements inside.

The Fayetteville Observer reports that the state Court of Appeals voted 2-1 May 16 to reinstate Marjorie C. Locklear’s lawsuit.

The lawsuit says Locklear, then 75, was allowed to fall during cardiovascular surgery. Locklear sued surgeon Matthew S. Cummings, Southeastern Regional Medical Center of Lumberton and several Duke entities. The case was initially dismissed in 2016 for improper notice of Southeastern and failing to follow procedures required when suing for medical malpractice.

The appeals court maintained the dismissal of the case against Southeastern, but sided with Locklear that the case is an ordinary negligence claim.

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