Sturgill v. Ashe Memorial Hospital, Inc.

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 dispos-itive 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 procedure, we affirm.

I. Background

“A medical assessment for the use of restraints can be delicate and complex, and as such, requires the…