The way medical malpractice claims proceed in North Carolina is very similar to other states — there are the same types of malpractice involved, and the same process of proving negligence by the medical professional is absolutely vital to your case’s success. However, there are some specific factors affecting medical malpractice claims in North Carolina that you should be familiar with should you wish to file a lawsuit.
There are certain damage caps for medical malpractice cases in North Carolina that could affect the amount of compensation you receive in your case. Those limits specifically affect non-economic damages, such as the loss of enjoyment of life or pain and suffering. In 2011, a state law set those damage caps at $500,000, but as of 2014 that number is adjusted up for inflation every year. However, this does not apply to cases in which the patient suffered disfigurement or permanent injury and when the conduct of the defendant was clearly reckless, negligent or intentional.
There are no damage caps for economic damages, such as medical expenses, rehabilitation costs and more. However, if damages are greater than $150,000 you will need to go through multiple trials — one for damages, the other for liability.
North Carolina also has specific statutes of limitation in malpractice cases. These include three years after the date of your initial injury, one year after the date the injury is discovered or one year after the date of discovery of an object that was left inside of you in a surgery.
If you have further questions about damage caps or statutes of limitation regarding medical malpractice claims in North Carolina, speak with an experienced injury lawyer at Lanier Law Group right away.