First and foremost, in order to understand the role a medical malpractice plays in tort law, you must know the definition of tort. Tort is defined by Medical Malpractice Tort Reform "as a civil wrong which causes an injury, for which a victim may seek damages, typically in the form of money damages, against the alleged wrongdoer." This means tort occurs when non-economic damages have taken place on someone during surgery, an examination, etc.
A few examples of tort:
- having the wrong body part removed during surgery (which has happened) or
- having a doctor's surgical tool left inside of your body after surgery (which has also happened).
Currently, the cap for tort compensation in North Carolina is $500,000.