North Carolina

Statute of Limitations

Medical Claim Generally:

“Whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: 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, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.” [N.C. Gen. Stat. § 1-15]

Minors:

The statute for minors in North Carolina is extended differently depending on if the minor was under age 10 or above age 10. The statute’s overall premise is that the minor must be old enough to decide to take legal action for the statute to run. [N.C. Gen. Stat. § 1-17]

Wrongful death:

For wrongful death claims, the cause of action shall not accrue until the date of death. [N.C. Gen. Stat. § 1-53]

Damage Caps

“Noneconomic damages for which judgment is entered against all defendants shall not exceed five hundred thousand dollars” (adjusted for inflation) [N.C. Gen. Stat. § 90-21.19]

As of January 1, 2023, the cap for non-economic damages in medical malpractice cases in North Carolina is $656,730. This cap is adjusted for inflation every three years.

Attorney Fee   Caps

North Carolina currently has no attorney fee caps

Pre-suit Requirements

A certification from a medical expert that establishes the case has merit is required in North Carolina [N.C. Gen. Stat. § 1A-1, Rule 9(j)]

Expert

Qualifications

If the defendant is a specialist, the expert must specialize in the same specialty or similar specialty. Plus, a year prior to the occurrence, the expert must have either practiced the same clinical practice or instructed/researched the same health profession [N.C. Gen. Stat. § 8C-702]

Negligent

Credentialing Claims

North Carolina has long established and maintained a cause of action for negligent credentialing [Hinson v. WakeMed Health & Hospitals (2021)]