Tort/Negligence – Medical Malpractice – Civil Practice – Rule 9(j) Certification – Missing Language – Motion to Amend – Futility – No Relation Back

Vaughan v. Mashburn (Lawyers Weekly No. 011-012-17, 19 pp.) (Linda Stephens, J.) Appealed from Iredell County Superior Court (Stanley Allen, J.) N.C. App.

Holding: Even though plaintiff’s expert reviewed her medical care and her medical records, since his N.C. R. Civ. P. 9(j) certification said only that he had reviewed her medical care and did not mention his review of her medical records, and since plaintiff did not move to amend until after the statute of limitations had expired, the trial court properly denied plaintiff’s motion to amend as futile. Under Alston v. Hueske, 781 S.E.2d 305 (2016), and Fintchre v. Duke Univ., 773 S.E.2d 318 (2015), the amendment would not have related back to the filing of the complaint.

We affirm the trial court’s denial of plaintiff’s motion to amend.