North Carolina Medical Malpractice Statute of Limitations

Malpractice occurs when a medical professional, usually a doctor fails to provide the standard level of care for an illness or injury, is responsible for an unreasonable delay in the appropriate treatment, or misdiagnoses-fails to diagnose a condition.  While the definition is the same for all of the states, the laws can vary significantly.  For example, in North Carolina, the expert witnesses must be physicians who can testify to the level of standard care.

Time Limits for Filing a Claim in NC

Most states have a statute of limitations for filing a malpractice claim.  For instance, you cannot come back a dozen years from now and claim a bygone treatment-or lack thereof-is responsible for a current condition.  In the state of North Carolina, suit must be brought within 3 years of the injury or death.  However, if an injury is discovered later, patients have 2 years from discovery to file suit-up to four years. If an object is left internally, the suit must be one year from the date of discovery and no more than 10 years after the procedure.  Finally, minors can seek compensation, if the suit is filed within one year of becoming eighteen.

Negligence Laws

According to North Carolina’s negligence laws, if more than one health care provider is found guilty of malpractice, both are responsible for any amounts awarded.  In other words, if one cannot pay, the other is still very responsible for the full amount.  For more information, consult the chart below:

Award Limits in North Carolina

Many states have very strict guidelines as to the amount that can be recovered in a malpractice suit.  Other states sign a blank check, and leave the amount up to the courts to decide in each individual case.  According to North Carolina law, punitive damages are limited to three times the amount of the economical damages, or $250,000, whichever amount is greater.

Legal Help

Going before the court to seek damages for injury or death, due to malpractice, can be very difficult at best.  You want to be sure to get enough money to take care of the person who may need a lifetime of care.  However, how can you put a price on a life lost?  With legal help, a malpractice lawyer can help calculate all of the details, like the potential lifetime wages of a father who cannot work again. A professional can be sure you have the best chance of getting the settlement you deserve.