Morris v. Rodeberg
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A minor, Freedom Morris, sought emergency treatment for appendicitis at Vidant Medical Center and was operated on by Dr. David Rodeberg. Despite complaining of severe pain after the surgery, Morris was discharged. He returned to the hospital a day later with a fever and sharp abdominal pain. A second surgery performed by a different doctor revealed that not all of the appendix had been removed during the first operation. This had caused a ruptured appendix and infection in Morris' body. Morris underwent a third surgery to drain a pelvic abscess.
More than five years after the first surgery, Morris filed a lawsuit against Dr. Rodeberg and Vidant Medical Center alleging medical malpractice and medical negligence. The defendants responded with motions to dismiss the complaint, arguing that the lawsuit was filed outside the statute of limitations for medical malpractice claims of persons who are over ten years old but under eighteen years old when their claims accrue. The trial court denied the defendants' motions, but the Court of Appeals reversed the trial court's order.
The Supreme Court of North Carolina held that the three-year statute of limitations barred Morris' medical malpractice claims. The Court reasoned that while the North Carolina General Assembly has recognized that individuals under certain disabilities, including being a minor, are unable to appreciate the nature of potential legal claims and take appropriate action, subsection 1-17(c) of the North Carolina General Statutes eliminates the tolling of the medical malpractice claims of minors, except in certain situations. None of those exceptions applied to Morris' case, so his claim was subject to the standard three-year statute of limitations and was therefore time-barred. The Court did not address Morris' argument that the application of the three-year statute of limitations violated his constitutional right to equal protection of the laws because it did not have jurisdiction to review that issue.
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