North Carolina Medical Malpractice Laws

There is a limit on the total amount of noneconomic damages in the amount of $500,000 as to all claimants and all defendants. The $500,000 limit is not effective if the claimant suffered disfigurement, loss of use of part of the body, or permanent injury or death and the defendant’s acts were reckless, grossly negligent, fraudulent, intentional, or involved malice. The statute of limitations is two years from the incident or one year from reasonable discovery but in no event more than four years after injury (for foreign object, one year from discovery but not more than 10 years). For minors, if the statute of limitations expired before the age of 19, the claim may be filed before the minor’s 19th birthday. There is joint and several liability. There is no limitation on attorney fees. There is no provision for periodic payments. Experts must be in the same or similar specialty as the defendant, and meet other qualifications.

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