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VAUGHAN v. MASHBURN

No. 42PA17.

817 S.E.2d 370 (2018)

Maria VAUGHAN v. Lindsay MASHBURN, M.D. and Lakeshore Women's Specialists, PC.

Supreme Court of North Carolina.

Filed August 17, 2018.

Attorney(s) appearing for the Case

Hedrick Gardner Kincheloe & Garofalo, LLP, by Patricia P. Shields , Raleigh, and Joshua D. Neighbors Shapiro, Appleton & Duffan, P.C., by Kevin M. Duffan and Richard N. Shapiro ; and Collum & Perry, PLLC, by Travis E. Collum , for plaintiff-appellant.

Parker Poe Adams & Bernstein LLP, Charlotte, by Chip Holmes and Bradley K. Overcash , for defendant-appellees.

Law Office of D. Hardison Wood, Cary, by D. Hardison Wood ; and Knott & Boyle PLLC, by W. Ellis Boyle , for North Carolina Advocates for Justice, amicus curiae.

Roberts & Stevens, P.A., Asheville, by Phillip T. Jackson and Eric P. Edgerton , for North Carolina Association of Defense Attorneys, amicus curiae.

Here we are asked to decide whether a medical malpractice plaintiff may amend a timely filed complaint to cure a defective Rule 9(j) certification after the statute of limitations has run, when the expert review required by Rule 9(j) occurred before the filing of the original complaint. The Court of Appeals concluded that Rule 9...

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