North Carolina Child’s Suit Over Allegedly Botched Surgery Ends

Aug. 17, 2022, 4:39 PM UTC

A North Carolina minor’s lawsuit over an allegedly botched appendectomy was filed too late, as the state’s general three-year time limit for filing medical malpractice claims applied, a state appeals court said.

A law extending statutes of limitations for minors didn’t apply in this instance, where the claim for professional negligence accrued after the plaintiff’s 13th birthday, the North Carolina Court of Appeal said in an opinion dismissing the suit.

Additionally, the statute of limitations for medical malpractice cases involving minors whose claims accrued after age 7 doesn’t violate a child’s open courts or equal protection rights under the US ...

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