What is the Medical Malpractice Statute of Limitations in North Carolina?

north carolina medical malpracticeIt can be very difficult to know and understand the details and specifics surrounding North Carolina statutes of limitations and how these laws might affect your own medical malpractice case. For more information on North Carolina statute of limitation requirements, request a free copy of Brent Adams' book The Truth About Medical Malpractice Claims

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 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. North Carolina also has a discovery rule, which states the injured person has one year after the discovery of the medical malpractice incident to act legally against negligent parties such as doctors, hospitals, nurses, or medical device companies. For example, if a surgical error took place ten years ago, but you only recently discovered your injury stemmed from that error, you would still have time to file your case since you were unaware of the injury's cause.

Some North Carolina medical malpractice cases fall under special circumstances:


  • In North Carolina, medical malpractice victims or their families have three years to file their claims after the time of the medical malpractice incident
  • When wrongful death is involved, the statute of limitations in North Carolina is only two years
  • The very young, the disabled, or the mentally challenged may pursue litigation under special circumstances
  • In the case of minors, those filing have until the child in question has turned 19 years old
  • If you are hurt in another state, special circumstances apply
  • 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 of the discovery of the object, or within ten years of the surgery or procedure itself. 

If you experienced a misdiagnosis, want to learn about the types of medical malpractices cases in the South, curious how the 2011 NC medical malpractice reform affects your case, or want to know if you have a valid medical malpractice case, contact our medical malpractice lawyers in Raleigh, Fayetteville and Dunn for a free and confidential consultation at 877-BRENT-ADAMS. Watch the video above where Brent Adams explains one of our North Carolina medical malpractice cases where a patient wrongfully died due to a botched surgery.