NC Rule 9(j) Requires a Right to Sue Letter is Unconstitutional.

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My mother had a bleed out from both ends of her body in December 2015. The cover up started with Doctor of Nursing Center acting as primary physician who was entitled to sign the death certificate without verification of cause of death in North Carolina.  The doctor did not even have to view the body of my mother.  He was allowed to put down another cause for my mother's death just by picking whatever from mother's medical record. Which is an incorrect cause of death. After many lies from the doctor that he had made the amendment to cause of death. I finally started wondering around August 2016 if it was possible that my mother was murdered at 2am in the morning on 31 December 2015.

Now, I am trying to get a right to sue letter which is required under Rule 9(j) and there is also a two year time statute to file a lawsuit. 31 December 2017 is the time the Nursing Center and doctor are aiming for so they cannot be sued. Then finding an attorney is like pulling one's own teeth.  

Is the right to sue letter constitutional under NC Rule 9(j)? I say, "NO!"

""VI. Constitutionality. In 2001, the Court of Appeals ruled that Rule 9(j)’s certification requirement violated the equal protection clauses of the North Carolina and United States Constitutions and article 1, section 18 of the North Carolina Constitution (“due course of law”). Anderson v. Assimos, 146 N.C. App. 339, 345–46 (2001). The Supreme Court reversed, holding that the Rule 9(j)’s certification requirement was not because the plaintiff’s claim was based solely on a res ipsa loquitur theory. Anderson v.
Assimos, 356 N.C. 415, 417 (2002). Thus the Court of Appeals should not have addressed the constitutionality of Rule 9(j). Id. Our appellate courts have not squarely addressed the constitutionality of Rule 9(j) in the years since the Supreme Court issued this opinion. Because the 2011 amendments made Rule 9(j)’s requirements ever more stringent, new constitutional challenges may loom in the coming years. " "

https://www.sog.unc.edu/sites/www.sog.unc.edu/files/additional_files/Rule%209%28j%29%20Special%20pleadings%20rule%20in%20med%20mal%20actionsUSE.pdf

(In my opinion were NC has gone wrong is they have not set up a Medical Expert Board to oversee claims to mal-practice and neglect. The said Board should have to supply right to sue letter to the general public under NC Rule 9(j).)


Solutions and Demands:
1) Require Death Certificate to be signed by two others: a family member or close relation knowing the cause of death.  And have the cause of death typed instead of hand written by the doctor.

2) Require all bleed out deaths in NC nursing centers to be investigated. The Medical Examiner should be involved.

3) NC Rule 9(j) is requiring a right to sue letter to be able to sue medical communities. This rule is unconstitutional and is denying due process for NC citizens. Eliminate NC Rule 9 (j) and give relief to all damaged by this rule in the past. Furthermore, the right to sue letter for NC Rule 9(j) is not set up like EEOC or OSHA right to sue letters. Why not?

4) Require attorneys to be proactive in taking cases involving nursing center deaths. Why do attorney like vehicle accidents so much? Should an attorney like representing nursing center victims, too?

Please contact all your NC Legislators on NC Rule 9(j) tell them it is not set up correctly; and ask them to fix doctors being neglectful when entering cause of death on death certificates.

Your time and effort is totally appreciated and thank you.

 



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