Medical Malpractice Rules in North Carolina
The deadline to file a medical malpractice claim in North Carolina, the discovery rule, and caps on damages.
Short answer: Three years from the defendant's last act giving rise to the claim. If the injury was not readily apparent and is discovered (or reasonably should have been) two or more years after that act, suit may be filed within one year after discovery, but never less than three years nor more than… N.C. Gen. Stat. §§ 1-15(c), 1-52
| Medical malpractice deadline | Three years from the defendant's last act giving rise to the claim. If the injury was not readily apparent and is discovered (or reasonably should have been) two or more years after that act, suit may be filed within one year after discovery, but never less than three years nor more than four years after the last act. For a foreign object with no therapeutic or diagnostic purpose left in the body, suit may be filed within one year after discovery, but no more than 10 years after the last act. Source: N.C. Gen. Stat. §§ 1-15(c), 1-52 |
|---|---|
| Medical malpractice caps | Yes. Total noneconomic damages against all defendants in a medical malpractice action were capped at $500,000, and the cap is reset every three years (starting January 1, 2014) for inflation by the Office of State Budget and Management. There is no cap if the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death and the defendant acted with reckless disregard, gross negligence, fraud, intent or malice. The jury is not told about the cap. The current inflation-adjusted amount is published as an editor's note by the Revisor of Statutes; it was not shown on the page reviewed. Source: N.C. Gen. Stat. § 90-21.19 |
More North Carolina personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in North Carolina
- Wrongful Death Lawsuits in North Carolina
- Car Accident Claims in North Carolina
- Dog Bite Liability in North Carolina
- Slip, Trip and Fall Injuries in North Carolina
- Sidewalk and Public Property Falls in North Carolina
- Motorcycle Accident Claims in North Carolina
- Pedestrian Accident Claims in North Carolina
- Bicycle Accident Claims in North Carolina
- Uber and Lyft Accident Claims in North Carolina
- Truck Accident Claims in North Carolina
- Construction Site Injuries in North Carolina
- All North Carolina personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in North Carolina?
Three years from the defendant's last act giving rise to the claim. If the injury was not readily apparent and is discovered (or reasonably should have been) two or more years after that act, suit may be filed within one year after discovery, but never less than three years nor more than four years after the last act. For a foreign object with no therapeutic or diagnostic purpose left in the body, suit may be filed within one year after discovery, but no more than 10 years after the last act.
Is there a cap on medical malpractice damages in North Carolina?
Yes. Total noneconomic damages against all defendants in a medical malpractice action were capped at $500,000, and the cap is reset every three years (starting January 1, 2014) for inflation by the Office of State Budget and Management. There is no cap if the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death and the defendant acted with reckless disregard, gross negligence, fraud, intent or malice. The jury is not told about the cap.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.