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RULE 9(j) WARNING — READ BEFORE FILING
Complaint is AUTOMATICALLY DISMISSED if Rule 9(j) certification is missing or defective. You must have a qualified expert review all medical records and confirm willingness to testify BEFORE this complaint is filed. No cure after defective filing.
01
ATTORNEY INFORMATION
02
COURT & CASE INFORMATION
SUPERIOR COURT
03
PLAINTIFF INFORMATION
04
DEFENDANT(S)
05
TREATMENT INFORMATION
06
STANDARD OF CARE
07
DEVIATION FROM STANDARD OF CARE
08
CAUSATION
09
DAMAGES
Past medical expenses
$
Future medical expenses
$
Lost wages — past
$
Lost earning capacity — future
$
Pain and suffering
$
Permanent injury / disability
$
Emotional distress
$
Loss of consortium
$
TOTAL DAMAGES
$0.00
10
RULE 9(j) CERTIFICATION — MANDATORY
Must match defendant's specialty
11
ATTORNEY CERTIFICATION
SELECTED COUNTY
— Select above —
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OPEN CLAWDE VERSION →RULE 9(j) — CRITICAL RULES
- Rule 9(j) is MANDATORY — complaint is automatically dismissed if certification is missing or defective
- Must have qualified expert review records BEFORE filing
- Expert must be willing to testify at trial
- 3-year statute of limitations (4 years if foreign object)
- Minor: until age 11 or 3 years from injury, whichever is longer
- Discovery rule tolls SOL for conditions not known
- File complaint with expert review complete — no cure after defective filing
- Expert must be same specialty as defendant
- Consult medical malpractice attorney — Rule 9(j) traps are fatal to the case
STATUTORY REFERENCE
G.S. 1A-1, Rule 9(j)Expert certification — mandatory
G.S. 90-21.11Standard of care defined
G.S. 1-15(c)3-year SOL / discovery rule
G.S. 1-17(b)Minor plaintiff — tolling