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Tag Archives: Rule 9(j)

Tort/Negligence – Dental Malpractice – Civil Practice – Rule 9(j) – Expert Witness – Expected to Qualify – Retired Dentist (access required)

Moore v. Proper A retired dentist filled in for other dentists for perhaps two and a half months during the year at issue and spent all of that professional time in clinical practice. Plaintiff could have reasonably expected the retired dentist to qualify as an expert in her malpractice case against another dentist.

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Tort/Negligence – Hospital Patient’s Injury – Difficulty Standing – Failure to Offer a Cane – Medical Expert Unnecessary – Rule 9(j) (access required)

Horsley v. Halifax Regional Medical Center, Inc. Plaintiff claims that she fell and suffered injuries because the defendant-hospital’s nurses failed to help her when she said she was going to fall. Plaintiff’s complaint did not need a certification under N.C. R. Civ. P. 9(j).

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Tort/Negligence – Medical Malpractice – Civil Practice – Rule 9(j) – Dismissal Without Prejudice – Re-Filing (access required)

McKoy v. Beasley Where plaintiff’s original complaint failed to comply with N.C. R. Civ. P. 9(j), Rule 9(j) was not satisfied when the original complaint was dismissed without prejudice and plaintiff re-filed within one year - but outside the statute of limitations - with Rule 9(j) allegations in her re-filed complaint.

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Tort/Negligence – Industrial Commission – Medical Malpractice – Rule 9(j) (access required)

Stevenson v. N.C. Dep't of Correction A medical malpractice claim against a state agency filed under the Tort Claims Act must comply with N.C. R. Civ. P. 9(j), which requires a showing that an expert will testify that care was substandard or that there was negligence under res ipsa loquitur. We affirm the dismissal of the complaint without prejudice; we also remand for correction of clerical error.

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Hospital settles suit for failing to diagnose ‘Valley Fever’ (access required)

When Thanh Cong Le visited his family in San Jose, Calif., in late 2006, he had no idea he may have been exposed to fungal spores that cause coccidioidomycosis, a lung disease known as "Valley Fever." He felt ill enough on his return home to western North Carolina that he sought treatment at Highlands-Cashiers Hospital. After he died of the disease, the hospital recently settled with his estate, according to Asheville attorney Jay Kerr. "The major significance of this case involves the corporate negligence theories we advanced and supported with evidence, and which the jury clearly based its verdict upon," he said.

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