Statute of Limitations for Medical Malpractice in North Carolina [2024]

Doctors and nurses are entrusted to provide critical care to injured or ill people, but it isn’t always successful.  When a healthcare provider breaches trust through negligence or misconduct, the injured patient can take legal action against the healthcare professional with the help of a personal injury lawyer. It is important for a plaintiff to understand the statute of limitations for medical malpractice in North Carolina.

Failing to meet this critical legal deadline could mean you can no longer seek compensation through the courts. A timely filing can allow the injured victim to claim compensation for their physical and emotional pain, among other damages.

North Carolina’s Statute of Limitations on Medical Malpractice

North Carolina sets legal deadlines for civil cases. These are known as statutes of limitations, which encourage timely filings and protect the rights of defendants. Timely filings also help preserve the integrity of evidence and promote the efficient use of the court’s time and resources.

The statute of limitations for medical malpractice is three years. Anyone who waits longer than three years from the date of their injury risks forfeiting the right to use the courts to remedy their injury claims. Exceptions to the statute limitations are rare but include minors and individuals who did not reasonably know about their injury until a later date after the medical treatment. The three-year deadline for minors typically begins the day the minor turns 18.

There are advantages to filing a medical malpractice claim sooner rather than later with the help of a medical malpractice attorney. The plaintiff’s accounts and recollections of the events that led to the surgery and the subsequent injuries can become less reliable after multiple years have passed. The availability and quality of evidence supporting the plaintiff’s claim could be more difficult to gather if too much time passes.

Common Examples of Medical Malpractice

Medical professionals perform important and often life-saving jobs in hospitals and medical clinics. Even highly skilled doctors and nurses can make errors that can cause serious harm to patients. Given the invasive nature of surgical treatments, the types of injuries that can result from medical malpractice can be serious and life-altering.

• Surgical Errors: Mistakes that could happen during surgery include operating on the incorrect body part, causing unintended damage to internal organs, or leaving surgical instruments behind inside the patient. Major surgical errors could provide legal grounds for a medical malpractice claim that can compensate the patient for medical costs, lost wages, and other forms of compensation.
• Misdiagnosis: One of the most important jobs of any doctor is providing a diagnosis for an illness or observed symptoms. Failure to diagnose a serious condition, like cancer, or incorrectly diagnosing a patient can place the patient’s life in jeopardy. Delayed diagnosis occurs when the doctor provides a diagnosis so late that it interferes with the treatment plan or progression of the illness, potentially leading to worsening conditions or even death.
• Medication Errors: Doctors must prescribe medications that are safe and effective. Prescribing an incorrect medication or providing an incorrect dosage can lead to adverse reactions or complications.
• Birth Injuries: The birth of a baby should be a time of joy. Medical negligence during these important times can lead to serious injuries for newborns. Injuries can lead to nerve damage, lacerations, or fractures caused by the improper use of delivery tools.
• Anesthesia Errors: Administering too much or too little anesthesia, failing to monitor the patient properly, or neglecting to consider allergies can result in brain damage or death. Doctors are expected to take time to test and screen patients before administering anesthesia.

No matter the type or cause of your medical injury, you can work with a personal injury attorney to determine if you have a valid case. In the case of a wrongful death, surviving loved ones may be eligible to file a wrongful death claim on behalf of their deceased loved one.

How Can a Medical Malpractice Lawyer Find Compensation for My Injuries?

If you were injured by a medical professional due to their negligence or misconduct, the first step when seeking compensation is to hire an experienced medical malpractice attorney. Your attorney can review your case and gather evidence that supports your claim. The first step often involves negotiating with the at-fault party to reach an agreement on fair compensation.

Your attorney can file a medical malpractice claim in court if the doctor or hospital does not offer a fair settlement. Once the courts are involved, your lawyer can gather more evidence. Evidence could include medical records, testimony from the medical providers and witnesses, and any statements that you provide. Most court cases, though, are settled without the need to go to trial.

FAQs

Q: Does North Carolina Have a Medical Malpractice Cap?

A: North Carolina does have a cap on non-economic damages for medical malpractice. Non-economic damages are commonly known as pain and suffering and refer to emotional anguish and distress that results from a medical malpractice injury. This cap can change, but an attorney can help you determine the current cap. There is no limit on economic damages in North Carolina when it comes to medical malpractice.

Q: What Can a Medical Malpractice Case Compensate Me For?

A: A successful medical malpractice claim can lead to compensation for your injury and any financial losses you incurred. If you suffered emotionally due to the injury, those non-economic damages can be factored in as well. You should not have to suffer financially for the negligent acts of other people. An attorney can find fair compensation through negotiation or direct legal action.

Q: What Is the Statute of Limitations for Medical Malpractice in North Carolina?

A: The statute of limitations for most personal injury cases, including medical malpractice, is three years. This legal deadline must be followed in most cases. Exceptions to the statute of limitations for medical malpractice are rare but may include cases where a minor child was injured. If you have questions about your eligibility to file a personal injury claim, your ideal course of action should be to speak with an attorney you can trust.

Q: What Is Medical Negligence in North Carolina?

A: Medical negligence in North Carolina refers to a healthcare provider’s failure to meet the standard of care, leading to harm or injury to the patient. To establish medical negligence, the patient’s attorney must show that the provider’s actions deviated from accepted medical practices and that this deviation directly caused the injury.

Schedule Your Medical Malpractice Consultation Today

Medical malpractice injuries can be life-altering. Patients who are disabled or injured can work with a personal injury lawyer to seek compensation from the at-fault doctor or medical group. Although the process requires time and effort, a successful claim can help you recoup any financial losses you incurred as a result of your injury.

A settlement can even include compensation for future medical treatments. To schedule your medical malpractice consultation, contact the Law Offices of Wade E. Byrd P.A. today.