Estate of Stokes Ex Rel. Spell v. Pee Dee Family Physicians, L.L.P.

This direct appeal presents the following question: If “A” has been injured and has a known claim against Defendant, but fails to file suit within the statute of limitations, and A thereafter dies as a result of the injury, may A’s estate file and maintain a wrongful death claim against Defendant? We answer the question, “No.” We affirm the trial court’s dismissal of Appellant’s Complaint against Respondents.

I

In October 2001, Michael L. Stokes consulted his family physician, Mark Steadman, M.D., about a mass on his thigh. Dr. Steadman diagnosed the mass as a superficial venous thrombosis…