Many people place tremendous faith in the medical professionals they entrust their care to. However, a mistake by any member of a medical staff can have a profound impact on the well-being of a patient, and people can suffer devastating injuries or outcomes as the result of medical malpractice.
If you believe that you or your loved one has been the victim of a medical error in North Carolina, you will want to contact the Nye Law Group as soon as possible. Our experienced Charlotte personal injury attorney can provide a complete evaluation of your case as soon as you call (855) 636-9277 to schedule a free consultation.
North Carolina Medical Malpractice Laws
It is important to understand that a medical malpractice action in North Carolina needs to be predicated on some type of error or a failure to provide an acceptable standard of care. Simple dissatisfaction with a medical condition or procedure is not the basis for a legal claim.
North Carolina General Statute § 90-21.11(2)a. defines a medical malpractice action as a civil action for damages for personal injury or death arising out of a health care provider’s furnishing or failure to furnish professional services in the performance of medical, dental, or other health care. Under North Carolina General Statute § 90-21.11(2)b., a medical malpractice action is also a civil action against a hospital, a nursing home licensed, or an adult care home for damages for personal injury or death when:
- the civil action alleges a breach of duties to the patient
- the civil action arises from the same facts or circumstances as a claim under North Carolina General Statute § 90-21.11(2)a.
It is important to note that North Carolina General Statute § 90-21.19 establishes that the total amount of noneconomic damages (damages awarded for more subjective types of harm such as pain and suffering) in a medical malpractice action cannot exceed $500,000. The Office of State Budget and Management resets this figure annually based on the Consumer Price Index, and the limit was $533,409 as of January 1, 2017.
Time Limits on Medical Malpractice Actions in North Carolina
Any person who thinks he or she or a loved one has been the victim of medical malpractice will want to immediately retain legal counsel. Medical malpractice claims are extraordinarily complex to investigate, and victims often have a very limited amount of time to take legal action.
In North Carolina, the statute of limitation for filing a medical malpractice action is limited to three years from the date of the underlying medical error under North Carolina General Statute § 1-15. The same statute does provide a number of exceptions, however.
For example, when an injury is not immediately known or apparent, a victim has one year from the date of discovery to file a claim if two or more years have passed since the underlying medical procedure. No medical malpractice action can be filed more than four years after the underlying cause of action, although a person is allowed up to 10 years to file a claim relating to a foreign object being left in the body when the suit is filed within one year of the discovery.
Medical Malpractice Lawyer in Charlotte, NC
Were you or your loved one the victim of medical malpractice in North Carolina? Make sure you contact the Nye Law Group before speaking to any insurance company.
Our firm will work tirelessly to help you get justice and obtain all of the compensation you need and deserve. Call (855) 636-9277 or contact us online to have our Charlotte personal injury attorney review your case and help you understand all of your legal options.