What do I need to know about the statute of repose in medical malpractice cases?

In North Carolina, the statue of repose is an important factor to consider when filing a medical malpractice claim. This is because it outlines the timeframe within which a malpractice claim can be filed. Generally, the statute of repose limits the amount of time from the occurrence of the alleged malpractice to when a claim can be filed. In North Carolina, the limit is three years. This means that any medical malpractice claim must be filed within three years of the incident occurring. This period begins from the date of the incident taking place, not the date the injury is discovered. If someone has a medical malpractice claim that is beyond the three year statute of repose, it is likely that their claim will be dismissed. If the plaintiff can present evidence that suggests the defendant was actively concealing facts in order to prevent a timely filing of the claim, the court may extend the statute of repose. Though the three year statute of repose is fairly straightforward, it is important for anyone bringing a medical malpractice claim to be aware of it so they can act within the correct timeframe. If they do not, then their claim could be dismissed before it ever even gets to court.

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What do I need to know about the statute of repose in medical malpractice cases?

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