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What Is The Medical Malpractice Statute Of Limitations In North Carolina?

In most states across the country, lawmakers have put statutes of limitations on how long after an incident an injured person can file a medical malpractice lawsuit. While some of these limitations are very straightforward, some laws depend on the type of injury, the age of the victim, and the state of the victim. Still other laws take into consideration discovery - for example, if a surgical error took place ten years ago, but you only recently discovered that your injury stemmed from that error, you would still have time to file your case since you were unaware of the cause of the injury.

In North Carolina, medical malpractice victims or their families have three years to file their claims after the time of the medical malpractice incident. However, in cases in which wrongful death is involved, the statute of limitations in North Carolina is only two years. There are special circumstances for the very young, the disabled, or the mentally challenged, as well as special circumstances if you are hurt in another state.

North Carolina also has a discovery rule, which states that the injured person has two years after the discovery of the medical malpractice incident to act legally against negligent parties such as doctors, hospitals, nurses, or medical device companies. In the case of minors, those filing have until the child in question has turned 19 years old.

In the case of a foreign object left in the body during a medical procedure or surgery, injured parties must file their medical malpractice claim within a year the discovery of the object, or within ten years of the surgery or procedure itself.

It can be very difficult to know and understand the details and specifics surrounding North Carolina statute of limitations and how these laws might affect your own medical malpractice case. For more information on North Carolina statute of limitation requirements, contact a North Carolina medical malpractice attorney today for a free consultation.

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