Medical malpractice laws in North Carolina are designed to ensure that patients who suffer an injury due to the negligence of medical practitioners receive compensation for their damages.

Medical malpractice is a tort, which means it is a civil wrong that one person commits against another. In this case, the medical practitioner (i.e., doctor, nurse, surgeon, etc.) causes harm to their patient through an act of negligence or omission. The patient may be able to pursue compensation for their damages by filing a medical malpractice lawsuit.

The following article outlines the key features of North Carolina medical malpractice laws, including the state’s statute of limitations, the requirements for filing a successful case, and the kinds of damages available to successful plaintiffs.

Statute of Limitations

North Carolina has a statute of limitations for medical malpractice claims. This means that injured patients must file their lawsuits within a specified period, or they may lose the right to pursue legal action.

In North Carolina, the statute of limitations for medical malpractice claims is three years from the date of the injury or two years from the date of discovery of the injury, whichever occurs first. There is also a hard cap on the statute of limitations of four years from the date of the incident, regardless of when the injury was discovered.

Requirements for a Medical Malpractice Claim

In order to bring a successful medical malpractice claim in North Carolina, the plaintiff must establish the following four elements:

1. Duty of Care: The medical practitioner had a duty to provide the plaintiff with a certain standard of care.
2. Breach of Duty: The medical practitioner failed to meet the standard of care required by their duty, either through an act of negligence or omission.
3. Causation: The medical practitioner’s breach of duty directly caused the plaintiff’s injury.
4. Damages: The plaintiff suffered damages as a result of the medical practitioner’s breach of duty.

Damages

The damages available in a medical malpractice case depend on the types of harm suffered by the plaintiff. In general, the following damages may be awarded in North Carolina:

1. Economic Damages: Compensatory damages that cover direct financial losses, such as medical expenses, lost wages, and future economic losses.
2. Non-Economic Damages: Compensatory damages that cover intangible losses, such as pain and suffering, mental distress, and loss of quality of life.
3. Punitive Damages: Damages awarded to punish the defendant for particularly egregious behavior.

Caps on Damages

North Carolina law places limits on the amount of damages that can be awarded in a medical malpractice case. These caps vary depending on the type of damages awarded and when the injury occurred. For example, there is no cap on economic damages, but non-economic damages are capped at $500,000 for injuries that occurred before October 1, 2011, and $600,000 for injuries that occurred on or after that date.

Expert Witness Requirement

In North Carolina, expert testimony is required in order to establish the duty of care, breach of duty, causation, and damages in a medical malpractice case. This means that plaintiffs must produce expert witnesses (i.e., medical professionals with relevant experience and qualifications) in order to testify on their behalf.

Conclusion

Medical malpractice laws in North Carolina are complex, and pursuing a claim can be a daunting process. However, by understanding the basic requirements for a successful claim, the types of damages that may be available, and the limitations on those damages, injured patients can make informed decisions about pursuing legal action. If you or a loved one has been harmed by medical malpractice, it is important to consult with an experienced attorney who can provide guidance and support throughout the process.