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Home / Opinion Digests / Civil Practice / Civil Practice  – Constitutionality – Tort/Negligence – Medical Malpractice – Three-Judge Panel (access required)

Civil Practice  – Constitutionality – Tort/Negligence – Medical Malpractice – Three-Judge Panel (access required)

  Plaintiffs’ medical malpractice complaint purports to raise a facial challenge to the constitutionality of N.C. R. Civ. P. 9(j). Pursuant to G.S. § 1-267.1(a1), the trial court should have determined whether plaintiffs’ constitutional challenge was properly “raised” and, if it was, transferred the constitutional question to a three-judge panel in Wake County. We vacate the trial ...

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