What is the statute of limitations for a medical neglegence.

I had back surgery in Feburary 2013 the surgeon nicked the dura of my spine. He
had to go back in and fix this a few days later. I went home and 10 days later I
had to go back to the hospital emergently because I had MERSA. I was on IV
antibotics for 6 weeks at home. Seemed to be better for about 2 weeks and then
could not get myself off the bed. Had to go back to the hospital again stayed in
the hospital another 14 days and came home and then had to go to the hospital for
about 30 days for antibotics again. I am still not a well person. I was just
wondering what you thought.

Asked on May 4, 2016 under Malpractice Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The statute of limitations in NC for filing a lawsuit in a medical malpractice case is 3 years from the date of injury.
Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing your lawsuit for negligence, it may be possible to settle the case with the doctor's malpractice insurance carrier.  Your claim filed with that insurance carrier should include your medical bills, medical reports and documentation of wage loss. 
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor.
If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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