What is the statute of limitations on medical malpractice claims?

In North Carolina, the statute of limitations on medical malpractice claims is three years from the date of injury. However, the statute of limitations also varies depending on the age of the patient at the time of injury. For malpractice claims involving minors under the age of six, the statute of limitations is four years from the date of injury. In addition to the statute of limitations, North Carolina also recognizes the “discovery rule” for certain medical malpractice cases. According to this rule, if the patient does not know or could not reasonably discover the malpractice within three years of the injury, then the patient may have an additional year to file a claim. Finally, it should be noted that North Carolina also has a one-year statute of repose, which may apply to some medical malpractice claims. Under this statute, a claim must be filed within one year of the alleged malpractice, regardless of when the patient became aware of the malpractice. The statute of limitations can be a difficult and complicated process to understand, which is why it’s important to consult with an experienced medical malpractice attorney to determine the best course of action for your particular case. An attorney can explain the time limits in your state and help you get the compensation you deserve.

Related FAQs

What do I need to know about the discovery process in a medical malpractice claim?
What are the rules of evidence in a medical malpractice case?
What is the difference between a medical malpractice claim and a personal injury claim?
What is the importance of having an experienced medical malpractice lawyer?
What is the difference between a medical malpractice claim and a breach of contract claim?
What is the statute of limitations on medical malpractice claims?
What is the importance of having evidence of causation for a medical malpractice claim?
What is medical malpractice law?
How do I know if I have to settle a medical malpractice case?
What do I need to know about settling a medical malpractice claim?

What is the statute of limitations on medical malpractice claims?

Related FAQs

Related Blog Posts