What Is the Statute of Limitations On Medical Malpractice in North Carolina?

In cases where medical negligence is involved, one of the most important considerations for your claim is the statute of limitations.

This deadline changes from state-to-state and can also depend on the type of legal claim you’re submitting as a plaintiff. Read on to learn about the statute of limitations on medical malpractice in North Carolina. 

North Carolina Medical Malpractice Statute of Limitations

The statute of limitations is the deadline that determines how much time you have to file a claim to recover monetary compensation for the damages you’ve suffered. 

In North Carolina, there is no separate statute for medical malpractice claims, such as exists in some other states. However, let’s examine a few scenarios. 

Given that medical malpractice is a negligence-based claim, it is bound by the general restrictions on recovery placed on all personal injury claims in North Carolina. Generally, this is three years. 

That means in most cases, you have three years from the date of the damages occurring to file your claim. 

However, there could be some exceptions. In North Carolina, cases claiming wrongful death are generally bound by a two-year statutory deadline. 

Also, in some circumstances, the three-year deadline may be extended. For example, if you did not discover or were not made aware of your damages until a later date, you may be given more time to file your medical malpractice claim. This is common in claims involving medical devices left in the body during surgery, to name one example.

For that reason, we say that the deadline is “generally” three years. If you have a question about how the statute of limitations could impact your claim, the best option would be consulting a medical malpractice attorney for counsel. 

Medical Malpractice Damage Caps in North Carolina

Another important consideration for medical malpractice claims in North Carolina is the limit the state places on the amount of money you are able to recover. Generally, damages from a medical malpractice claim will be capped at $500,000. 

These are just some of the considerations that go into a medical malpractice claim in North Carolina. Given the amount of time that is needed to go over evidence, consult medical experts, and file the proper forms, it’s recommended that you visit a medical malpractice attorney as soon as possible to avoid the risk of being shut out by the statute of limitations. 

Contact a Medical Malpractice Lawyer Today

Have you suffered damages as the result of medical malpractice? You’re entitled to a free review of your claim. 

Contact a medical malpractice attorney from The Nye Law Group today by calling us at 912-200-5230 or by filling out the form below.