A person injured by medical malpractice in North Carolina must file within the statutory limitation period or be barred from bringing a cause of action. Damages cannot be recovered based on a lack of informed consent where the defendant's action in obtaining consent is in accordance with medical standards or where a reasonable person would have given consent under similar circumstances.
§ 1â15(c). Statute runs from accrual of action (Limitations/Repose)
A cause of action for malpractice arising out of the performance of or failure to perform professional services accrues at the time of the occurrence of the defendant's last act resulting in the cause of action: Provided that whenever there is bodily injury to the person which originates under circumstances making the injury not readily apparent to the claimant at the time of its origin, and the injury is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the defendant's last act resulting in the cause of action, suit must be commenced within one year from the date of discovery: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object being left in the body, a person seeking damages for malpractice may commence an action within one year after discovery, but in no event may the action be commenced more than 10 years from the defendant's last act resulting in the cause of action.
§ 90â21.13. Informed consent to health care treatment or procedure
(a) No recovery shall be allowed against any health care provider upon the grounds that the health care treatment was rendered without the informed consent of the patient or other person authorized to give consent for the patient where:
(1) The action of the health care provider in obtaining the consent of the patient or other person authorized to give consent for the patient was in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities; and
(2) A reasonable person, from the information provided by the health care provider under the circumstances, would have a general understanding of the procedures or treatments and of the usual and most frequent risks and hazards inherent in the proposed procedures or treatments which are recognized and followed by other health care providers engaged in the same field of practice in the same or similar communities; or
(3) A reasonable person, under all the surrounding circumstances, would have undergone such treatment or procedure had he been advised by the health care provider in accordance with the provisions of subdivisions (1) and (2) of this subsection.
§ 1D-25(b) Limitation of punitive damages
Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or $250,000, whichever is greater. If a trier of fact returns a verdict for punitive damages in excess of the maximum amount specified under this subsection, the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount.
Find an Attorney
If you were injured through medical malpractice in North Carolina, you may recover compensatory damages against the negligent medical provider. However, punitive damages are capped at $250,000. An action must be filed within three years from the time the injury was discovered. Talk with an attorney experienced with North Carolina's medical malpractice laws to discuss your case.
