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Statute of Limitations

Actions must commence within two years of the act or omission causing to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission

Comparative or contributory negligence

a plaintiff's contributory negligence bars recovery completely

Nature of accused's liability

Where more than one defendant is found liable, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment

Law of contribution

The right of contribution applies when two or more people are jointly and severally liable and one pays more than his pro rata share

Expert testimony standards

Expert witnesses must be licensed physicians, and testify to the standard of care used in the defendant's community.

Limits on compensation

Punitive damages are limited to $250,000 or three times economic damages whichever is more.

Limits on attorney fees

none

Collateral Source rule enforced

a defendant may not seek to reduce its liability by submitting evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

The North Carolina Tort Claims Act partially waives the state's immunity and that of its departments, institutions, and agencies

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability