State: North Carolina
Link to State Law: North Carolina Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to North Carolina state law, contact an experienced attorney.
Statute of Limitations: A North Carolina medical malpractice action must be commenced within three years of the act or omission giving rise to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission. There is a two year statute of limitations on cases involving wrongful death due to medical negligence. When minors are the victims of medical malpractice, they must file suit within one year of their eighteenth birthday. Cases involving retained foreign objects may be commenced within one year of the date of discovery, to a maximum of ten years after the date of the act giving rise to the injury.
Minimum Qualifications of Expert Witnesses: According to North Carolina law, medical malpractice expert witnesses must be licensed physicians and must testify to the standard of care used in the defendant's community.
Limitations on Monetary Damages: Punitive damages in medical malpractice suits are limited to $250,000 or three times economic damages, whichever amount is greater.
Limitations on Attorney Fees: North Carolina law does not impose limits on attorney fees for medical malpractice cases.