When a medical professional injures you instead of abiding by the Hippocratic Oath, you may want to file a medical malpractice lawsuit in North Carolina. These suits have limitations and time limits to file. The state has several laws governing medical malpractice.
AllLaw.com state the North Carolina statute of limitation vary depending on the malpractice. From the date of discovery, you have one year if there is an object still in you, but that can be as long as ten years from the date of the mistake. You also have a year if the injury is not something that you could reasonably discover sooner, but you only have up to four years from the original malpractice date. For the deceased, the family has “three years after the date of injury or death.”
It is important for you to watch the amount of time that has passed since the injury occurred. These deadlines are important to avoid the judge tossing out the case altogether. Should that occur, you cannot seek civil remedy for the alleged malpractice.
For your case, you need to provide proof of negligence or wrongdoing. The evidence must be clear and convincing in order to prove that medical malpractice was a result of a failure to meet the standard of care. A medical expert witness is necessary to review your case and medical records.
Before filing a malpractice suit against a medical professional, make sure it meets the statute of limitations requirements. An experienced attorney can help you find a witness, file court paperwork and defend you in the courtroom.