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STURGILL v. ASHE MEMORIAL HOSP., INC.

No. COA06-1476.

652 S.E.2d 302 (2007)

Peggy Johnson STURGILL, Administratrix of the Estate of Charlie L. Johnson, Plaintiff v. ASHE MEMORIAL HOSPITAL, INC., Defendant.

Court of Appeals of North Carolina.

November 6, 2007.

Attorney(s) appearing for the Case

Vannoy, Colvard, Triplett & Vannoy, P.L.L.C., by Daniel S. Johnson, North Wilkesboro, for the plaintiff-appellant.

Sharpless & Stavola, P.A., by Brenda S. McClearn, Greensboro, for defendant-appellee.

STROUD, Judge.

Plaintiff appeals from an order granting defendant's motion for summary judgment because of failure to have medical care reviewed by a certifying expert as required for a medical malpractice action by Rule 9(j) of the North Carolina Rules of Civil Procedure. The dispositive issue in this case is whether the use of restraints on a patient is a medical procedure. Because we conclude that the use of restraints in the case sub judice is a medical...

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