Statutes of Limitations

Unfortunately, if you have been injured and suspect the cause of your injury was a doctor's or medical organization's malpractice, time is not on your side. Many patients damaged or injured in surgery, childbirth, or as a result of many other types of medical malpractice often feel they should "wait-and-see" whether their injuries will get better on their own, or "wait-and-see" before consulting a medical malpractice lawyer.

Laws in most states require injured people to pursue legal remedies for medical malpractice soon after the injury occurs rather than later. This requirement is known as a statute of limitations. In North Carolina, suits alleging medical malpractice must be brought before the courts not more than three years after the last act of the defendant which caused the action, or within one year of the date the accident or injury should have been discovered by a medical professional (N.C. Gen. Stat. §1-15 and §1-52). Medical malpractice cases which result in the death of the injured patient must be brought within the one or three-year period mentioned above, or within two years after the wrongful death, whichever is shorter (N.C. Gen. Stat. §1-53). Statutes of limitations are continually revised and updated.

Even if you do not think you will be bringing a lawsuit against the medical provider in your particular case, consulting with an experienced medical malpractice lawyer is essential to determine if any immediate action is required on your part to protect you from statutes of limitations