North Carolina Medical Malpractice Laws

No action may be commenced more than 4 years from the date of the last act giving rise to the claim.

1 year from discovery of a foreign object left in the body, with an outer limit of 10 years from the act.

The statute is tolled until the minor turns 18 but remains subject to the 4-year statute of repose (10 years for foreign objects).

Noneconomic damages are capped (base $500,000, set in 2011, adjusted every 3 years for inflation). No cap applies if the trier of fact finds permanent injury or death AND reckless disregard, gross negligence, fraud, intentional conduct, or malice.

There is no cap on economic damages (medical bills, lost wages, etc.).

Same punitive damages cap as general personal injury cases.

The complaint must assert that the medical care was reviewed by a person reasonably expected to qualify as an expert witness who is willing to testify that the standard of care was breached. Failure to include this certification results in dismissal.

Filed in Superior Court. Standard $200 filing fee.

The pre-filing expert certification requirement is one of the most distinctive procedural hurdles in NC med mal law. The reviewing expert must reasonably be expected to qualify under Rule 702 of the NC Rules of Evidence.

A healthcare provider is liable for battery if they perform a procedure without obtaining the patient's informed consent.