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North Carolina Medical Liability/Malpractice Statutes of Limitation
All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
N.C. Gen. Stat. §1-15 and §1-17 Two years from act or one year from reasonable discovery, not more than four years after injury. Foreign object: One year from discovery but not more than 10 years. Minors under age 18: that if the time limitations expire before the minor attains the full age of 19 years, the action may be brought before the minor attains the full age of 19 years; except as follows: (1) If the time limitations expire before the minor attains the full age of 10 years, the action may be brought any time before the minor attains the full age of 10 years. (2) If the time limitations have expired and before a minor reaches the full age of 18 years a court has entered judgment or consent order under the provisions of Chapter 7B of the General Statutes finding that said minor is an abused or neglected juvenile as defined, the action shall be commenced within three years from the date of such judgment or consent order, or before the minor attains the full age of 10 years, whichever is later. (3) If the time limitations have expired and a minor is in legal custody of the state, a county, or an approved child placing agency as defined, the action shall be commenced within one year after the minor is no longer in such legal custody, or before the minor attains the full age of 10 years, whichever is later.
North Carolina Medical Liability/Medical Malpractice Laws
Damage Award Limit or Cap
§1D-25. Punitive damages shall not exceed three times the amount of compensatory damages or $250,000, whichever is greater.
§90-21.19 (2011 Chapter 400). (a) Except as otherwise provided in subsection (b) of this section, in any medical malpractice action in which the plaintiff is entitled to an award of noneconomic damages, the total amount of noneconomic damages for which judgment is entered against all defendants shall not exceed $500,000. Judgment shall not be entered against any defendant for noneconomic damages in excess of $500,000 for all claims brought by all parties arising out of the same professional services. On January 1 of every third year, beginning with January 1, 2014, the Administrative Office of the Courts shall reset the limitation on damages for noneconomic loss set forth in this subsection to be equal to $500,000 times the ratio of the Consumer Price Index for November of the prior year to the Consumer Price Index for November 2011. The Administrative Office of the Courts shall inform the Revisor of Statutes of the reset limitation. The Revisor of Statutes shall publish this reset limitation as an editor's note to this section. In the event that any verdict or award of noneconomic damages stated pursuant to G.S. 90-21.19B exceeds these limits, the court shall modify the judgment as necessary to conform to the requirements of this subsection.
(b) Notwithstanding subsection (a) of this section, there shall be no limit on the amount of noneconomic damages for which judgment may be entered against a defendant if the trier of fact finds both of the following: (1) The plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death. (2) The defendant's acts or failures, which are the proximate cause of the plaintiff's injuries, were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice.
Limits on Attorney Fees
No applicable statute.
Patient Compensation or Injury Fund
Medical or Peer Review Panels
§90-21.22 et seq. Peer review
§131E-95. Medical review committees