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WOODEN EX REL. JONES v. HILLCREST CONVALESCENT CENTER

No. COA12-216.

731 S.E.2d 500 (2012)

ESTATE OF Phyllis Reynolds WOODEN, by and through its Executrix, Andrea Wooden JONES, Plaintiff, v. HILLCREST CONVALESCENT CENTER, INC. and Duke University Health System, Inc. individually and d/b/a Duke University Medical Center, Defendants.

Court of Appeals of North Carolina.

August 21, 2012.

Attorney(s) appearing for the Case

Wait Law, P.L.L.C., High Point, by John L. Wait, for Plaintiff-appellant.

Brown, Crump, Vanore & Tierney, L.L.P., Raleigh, by Andrew A. Vanore, III and W. John Cathcart, Jr., for Defendant-appellee Hillcrest Convalescent Center, Inc.

McGuireWoods LLP, Raleigh, by Mark E. Anderson,   Heather R. Wilson, and Monica E. Webb, for Defendant-appellee Duke University Health System, Inc. d/b/a Duke University Medical System.

HUNTER, JR., ROBERT N., Judge.

This is a wrongful death action alleging medical malpractice. Andrea Wooden Jones, executrix of Phyllis Reynolds Wooden's estate, ("Plaintiff") filed this action during a 120-day extension of the applicable statute of limitations for filing a medical malpractice action in North Carolina. Rule 9(j) of the North Carolina Rules of Civil Procedure establishes a heightened pleading requirement for medical malpractice actions and affords a...

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