86 N.C. App. 436 - Mathis v. May’s Empirical Analysis

Citation profile

5 federal appellate · 10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]lthough North Carolina has recognized the doctrine of a 'continued course of treatment' to extend the statute of limitations, it has never applied the doctrine where there has been a continued course of non-treatment.”

   2 later decisions quote this exact passage
   e.g. Ball v. Quorum Health Resources Incorporated Hca · Rhumell Ball Ray Ball, Husband of Rhumell Ball v. Quorum Health Resources, Incorporated, Formerly Known as H.C.A. Management Company, Incorporated, & Third Party v. John Allen, Doctor, Third Party Rhumell Ball Ray Ball, Husband of Rhumell Ball v. Quorum Health Resources, Incorporated, Formerly Known as H.C.A. Management Company, Incorporated, & Third Party v. John Allen, Doctor, Third Party

2. “(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. . . .”

   1 later decision quote this exact passage
   e.g. Brittain v. Cinnoca

3. “[W]here the injurious consequences arise from a continuing course of negligent treatment. . . the statute does not ordinarily begin to run until the injurious treatment is terminated. . . . The malpractice in such cases is regarded as a continuing tort because of the persistence of the physician or surgeon in continuing and repeating the wrongful treatment.”

   1 later decision quote this exact passage
   e.g. Hargett v. Holland