Medical Malpractice Statute of Limitations in North Carolina

If you suffer an injury while undergoing medical treatment or you were misdiagnosed by a healthcare professional, then your case may be eligible for a medical malpractice lawsuit. But, the state of North Carolina has strict deadlines for when you can file your case. This deadline, called a statute of limitations, is the time allotted for filing a claim after an injury has occurred. If your case isn't filed by the deadline, then you will forfeit your right to recover any damages from the negligent party.

North Carolina's statute of limitations on medical malpractice cases is the reason why it is so crucial to seek the help of a medical malpractice attorney in Shallotte NC as soon after the injury as possible.

What is NC's Statute of Limitations on Medical Malpractice?

North Carolina's medical malpractice statute of limitations is governed by General Statute § 1‑15. According to North Carolina law, victims of medical negligence have:

  • Three years from the date of the medical mistake to file their claim against the negligent party, or
  • Up to two years from the date the mistake was discovered to a maximum of four years if one could not have reasonably discovered their injury right away

If the claim involves an object that was left inside the body during surgery, then the victim has one year from the date of discovery and up to 10 years from the date the incident occurred.

It is important to note, however, that the statute of limitations don't apply to child victims of medical negligence. If a minor is injured by a medical professional then they can file a claim within one year after turning 18 years old for a medical malpractice injury.

What are the Caps on Medical Malpractice Cases in NC?

In 2011, the North Carolina legislature passed a statute that caps non-economic damages for medical malpractice cases at $500,000. This cap limits the amount victims can recover for damages such as pain and suffering and diminished enjoyment of life. The amount is adjusted annually to account for inflation.

But, while the legislation puts a cap on non-economic damages, it does not place limitations on the amount of economic damages one can recover. Economic damages include medical bills, future treatments, lost wages, emotional distress, disability, and disfigurement arising from the medical negligence. For claims of more than $150,000, North Carolina law requires two separate trials, one focused on the liability issue and a second focused on the damages awarded.

Contact Our Medical Malpractice Attorney in Shallotte NC Today

You don't want to miss your deadline if you were injured by a medical professional. Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation with our medical malpractice attorney in Shallotte NC. Our attorneys are highly experienced in trying and winning these challenging cases and we can help you get the compensation you deserve. And best of all – you don't pay us unless we win your case.