Issue

Medical malpractice—minor plaintiff—thirteen years old at time of accrual of claim—ordinary three-year limitations period

Summary

The Court of Appeals properly concluded that plaintiff's medical malpractice claim–in which he alleged that defendants negligently performed an appendectomy on him when he was thirteen years old–was time barred pursuant to N.C.G.S. §§ 1-15(c) and 1-17(c) because plaintiff did not file his action until more than five years after the surgery that gave rise to the claim. Although plaintiff argued that, since his injury accrued when he was still a minor, he had until the age of nineteen to file a claim, where none of the exceptions contained in section 1-17(c) applied to toll the limitations period, plaintiff's claim was subject to the standard three-year statute of limitations.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →