NCMS FAQ of the Week: Medical Malpractice Statute of Limitations

Due to a high volume of questions coming in through the Member Resource Center, the NCMS features a Frequently-Asked-Question (FAQ) for its members each week to share information about current medical and health care issues that their colleagues are having.

Q: What is the statute of limitations for medical malpractice actions in NC?

A: The statute of limitations for medical malpractice claims generally is three years, beginning on the date of the last act of the physician giving rise to the claim. However, if the injury is not readily apparent, then the patient gets up to one additional year (up to seven additional years for non-therapeutic foreign objects left in the body) to file the claim.

The statute of limitations for claims brought on behalf of children is the longer of three years after the last act of the defendant giving rise to the claim, or when the patient reaches the full age of ten years. Additional time is provided if the child is in the custody of a state agency or if a judge rules that a child is neglected or abused. The statute limiting claims brought on behalf of minors was a major provision of medical liability reform in 2011. The previous statute allowed minors to wait until age 19 to file their claims.

Have a question? Contact the NCMS Member Resource Center at (919) 833-3836 or kfreeman@ncmedsoc.org.

 
 

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