North Carolina Medical Malpractice Lawyer

North Carolina Medical Malpractice Lawyer

North Carolina medical malpractice laws

All medical malpractice lawsuits in North Carolina are first directed to a court-ordered mediation system. To bypass mediation, a claimant must prove good cause in court. A person claiming medical malpractice must sue within 3 years of the last action that caused injury. A medical malpractice suit can also be filed within a year of discovering that injury if it hasn’t been more than four years since the initial act that caused the injury.

Suits involving foreign objects left in the body can be brought up 10 years later, but it must be less than a year after the foreign object was found. Wrongful death suits currently have to be filed within 2 years. The same statute of limitation rules apply to children, with one major exception: If the parents have not filed suit for medical malpractice, the child can sue for injuries up until age 19.

Contributory Negligence

Claimants cannot recover any damages if they contributed in any way to their injury. If the claimant in any way failed to get treatment or ignored the injury, he or she can be found to have contributory negligence. Claimants, however, cannot be held to contributory negligent for the initial action that caused the injury, only for later delaying or refusing treatment.

Damage Caps

North Carolina state law places no limits on the compensatory damages awarded in malpractice lawsuits. Punitive damages cannot exceed the lesser of $250,000 or three times the compensatory damages.

Several and Joint Liability

Other North Carolina laws concerning medical malpractice suits stipulate that:


North Carolina - News Articles

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