North Carolina (NC) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in North Carolina.
Damage Cap
$500,000 non-economic damages ($600,000 for claims involving death or serious physical disfigurement, loss of use of a body part, or permanent injury)
Statute of Limitations
3 years from the date of the last act giving rise to the cause of action
Discovery Rule
North Carolina applies the discovery rule in limited circumstances, primarily for foreign objects left in the body, but otherwise follows the occurrence rule with a 4-year statute of repose.
Pre-Filing Requirements
Plaintiffs must comply with Rule 9(j) of the North Carolina Rules of Civil Procedure, certifying that the medical care has been reviewed by a qualified expert who is willing to testify.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,200,000
Key Facts About North Carolina Medical Malpractice Law
- 1North Carolina's Rule 9(j) requires the complaint to certify that an expert has reviewed the care and is willing to testify that it fell below the standard of care.
- 2The state has a two-tiered non-economic cap: $500,000 standard and $600,000 for the most serious injuries.
- 3North Carolina follows a contributory negligence standard — any fault on the plaintiff's part can bar recovery.
- 4Expert witnesses must be in the same or similar specialty and familiar with the standard of care in the same or similar community.
Need Help with a North Carolina Medical Malpractice Case?
If you believe you have a medical malpractice claim in North Carolina, it is important to act quickly. The statute of limitations in North Carolina is 3 years from the date of the last act giving rise to the cause of action. Most medical malpractice attorneys offer free initial consultations.