2. On July 7, 2004, a telephonic hearing on the plaintiff's claim was held before Commissioner Ballance. At the hearing, the plaintiff was allowed 90 days, up to and including October 7, 2004, to provide the Industrial Commission with an affidavit from a qualified medical expert stating that the medical care he received from the defendant did not comply with the applicable standard of care. The plaintiff was informed that his failure to provide the Commission with the necessary affidavit within the time allowed would result in the dismissal of his claim.
3. The plaintiff failed to provide the required affidavit from a qualified medical expert within the allotted time. To date, no such affidavit has been received by the Commission.
2. In cases in which malpractice is alleged, the plaintiff must demonstrate by the testimony of a qualified expert that the treatment administered by the defendant was in negligent violation of the accepted standard of medical care in the community, and that the defendant's treatment proximately caused the injury. See Ballenger v. Crowell,38 N.C. App. 50, 247 S.E.2d 287 (1978). The plaintiff has failed in his burden to provide the testimony of a qualified expert, in the from of an affidavit, stating that the treatment administered by the defendant was in negligent violation of the accepted standard of medical care. Id.; and N.C. Gen. Stat. §§ 143-291, 143-297.
2. No costs are taxed as the plaintiff was permitted to file this civil action in forma pauperis.
This 10th day of August 2005.
S/_______________ CHRISTOPHER SCOTT COMMISSIONER
CONCURRING:
S/_____________ THOMAS J. BOLCH COMMISSIONER
S/_______________ DIANNE C. SELLERS COMMISSIONER