Tort/Negligence  –  Medical Malpractice – Rule 9(j) – Nuclear Cardiologist – Statute of Limitations

Defendant Movahed’s involvement in the treatment of plaintiff’s decedent was limited to interpreting the results of a nuclear stress test. Even though plaintiff had cardiologist Stuart Toporoff review her medical records before the statute of limitations expired, since Toporoff was unwilling to testify with regards to Movahed’s specialty of nuclear cardiology, and since plaintiff did not have any nuclear cardiologist review her records until after the statute of limitations expired, plaintiff’s Rule 9(j) certification – which relied on Toporoff’s review and willingness to testify – did not fulfill the requirements of N.C. R. Civ. P. 9(j).

We affirm the trial court’s dismissal of plaintiff’s wrongful death complaint.

Preston v. Movahed (Lawyers Weekly No. 011-050-19, 22 pp.) (Allegra Collins, J.) Appealed from Pitt County Superior Court (Jeffery Foster, J.) David Kirby, John Edwards, Mary Kathryn Kurth, and Laurie Armstrong for plaintiff; John Madden and Eva Gullick Frongello for defendant. N.C. App.