Mecklenburg County Superior Court
832 E 4th St, Charlotte, NC 28202
Court websiteNorth Carolina · Medical malpractice claims: harm and next steps
Medical malpractice claims: harm and next steps in North Carolina
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| Filing deadline | 3 years from discovery; 4-year repose; Rule 9(j) expert certification requiredN.C.G.S. § 1-15(c) |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in North Carolina?
N.C.G.S. § 1-15(c): 3-year SOL from the last act; if the injury is discovered 2 or more years after the last act, 1 year from discovery; 4-year repose from last act (10 years for a foreign object). Expert certification required at filing under N.C.G.S. § 1A-1 Rule 9(j). Minors: if the § 1-15(c) limits expire before the child turns 10, the action may be brought any time before the child's 10th birthday (§ 1-17(c)). A lawyer can confirm yours.
3 years from discovery; 4-year repose; Rule 9(j) expert certification required
Source: N.C.G.S. § 1-15(c)
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
North Carolina has a 3-year statute of limitations for medical malpractice from the date the injury was discovered or should have been discovered, with a 4-year statute of repose from the last act. North Carolina has no cap on malpractice damages. North Carolina requires a complaint to be accompanied by a certification that the plaintiff or counsel has reviewed the facts and consulted with a qualified expert who has reviewed all relevant materials and believes there is reason to believe malpractice occurred.
Statute of Limitations: North Carolina applies a 3-year statute of limitations for medical malpractice claims, running from the date of the last act of the defendant giving rise to the cause of action (NCGS § 1-52(16)). A 4-year statute of repose bars claims more than 4 years after the last negligent act. The discovery rule does not toll the SoL; the period runs from the act, not from discovery of injury. Minors have 3 years from the act or until age 19, whichever is later, subject to the 10-year repose for minors.
The cap applies to pain and suffering, emotional distress, and similar non-economic harms. Economic damages are uncapped.
Pre-Suit Requirements: North Carolina requires a Rule 9(j) expert certification. The plaintiff's complaint must assert — or counsel must certify — that the medical records have been reviewed by a person reasonably expected to qualify as an expert witness who is willing to testify that the medical care did not comply with the applicable standard of care. Failure to include this certification is grounds for dismissal under NC R. Civ. P. 9(j).
Venue: North Carolina medical malpractice actions are filed in Superior Court in the county where the plaintiff resides, where the defendant resides, or where the cause of action arose. NCGS § 1-82 governs. Wake County (Raleigh), Mecklenburg County (Charlotte), and Guilford County (Greensboro) handle the largest volumes.
Wake County Superior Court
316 Fayetteville St, Raleigh, NC 27601
Court websiteMedical facilities in North Carolina
UNC Health / UNC Hospitals — Level I Trauma Center
Atrium Health Carolinas Medical Center — Level I Trauma Center
How this works nationally
For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for North Carolina.
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- N.C.G.S. § 1-15(c)