QUESTION

What is the stautue of limitations on medical malpractice?

Asked on Aug 06th, 2013 on Medical Malpractice - North Carolina
More details to this question:
I have had continuous medical care & surgeries since the incident and possibly may have another surgery now due to this incident
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1 ANSWER

Plaintiffs Personal Injury Attorney serving Charlotte, NC
2 Awards
What seems like a very straightforward question does not lend itself to easy answer. In North Carolina, the general rule is three years. However, there are exceptions (c)  Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.   Clear as mud, yes?
Answered on Aug 08th, 2013 at 11:32 AM

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