Bryant v. Wake Forest Univ. Baptist Med. Ctr.

Syllabus

medical malpractice object left in body during surgery summary judgment was proper on claims for actual and constructive fraud because there was no evidence of deceptive intent or fiduciary relationship between physician and patient res ipsa loquitor did not apply because elements of both standard of care and breach required expert testimony summary judgment on medical malpractice claim was proper because four-year rather than ten-year statute of limitations applied because evidence was uncontroverted that object left in body was intended to be left in body permanently for purpose of medical treatment punitive damages claim failed where all other claims did not withstand summary judgment