Professional Negligence Law Reporter

A North Carolina appellate court held that a plaintiff’s claim arising out of a laser hair removal procedure sounded in medical, not ordinary, negligence.

Candice Batts underwent a laser hair removal procedure at Ideal Image Clinics. There was a burning smell during the procedure, and she noticed a spark and smoke. Batts, who was allegedly injured, sued Ideal Image, alleging negligence, gross negligence, negligence per se, and res ipsa loquitur. The defendant moved to dismiss, and the trial court granted the motion.

Affirming, the appellate court found, in part, that N.C. Gen. Stat. §1A-1, Rule 9(j) requires medical negligence claimants to certify that the pleadings have been reviewed by a qualified expert willing to testify that the medical care at issue did not comply with the standard of care. Citing case law, the court added that to be characterized as a medical negligence claim, a plaintiff’s injury must stem from activities requiring clinical judgment and intellectual skill. Conversely, the court said, ordinary negligence claims involve injuries stemming from acts and omissions that are primarily manual or physical and do not involve a medical assessment or clinical judgment.

The court found that the plaintiff’s allegations sounded in medical negligence because they involved medical judgment in determining the likelihood of injury resulting from the use of a laser during the hair removal procedure. Thus, the court concluded that because the plaintiff’s complaint lacked the necessary Rule 9(j) certification, the trial court’s dismissal was proper.

Citation: Batts v. Ideal Image Clinics, PLLC, No. COA20-480 (N.C. Ct. App. July 20, 2021).