Thompson v. Newman

EXUM, Chief Justice.

This is a civil action seeking compensatory and punitive damages for alleged medical malpractice based on allegations that defendant physician performed a mastectomy on plaintiff Geneva Thompson without obtaining her informed consent. Plaintiffs voluntarily dismissed their original action and subsequently filed this one. The issue before us is whether the present action was filed within the one-year savings provision of Rule 41(a)(1) of the North Carolina Rules of Civil Procedure. Resolution of this issue depends upon whether the year began to run when plaintiffs gave oral…