How long do you have to file a medical malpractice claim?

If you believe you have suffered malpractice, there is a time limit regarding how long you have to file a claim.

The length of time depends on the date of the mistake and when you discovered the mistake.

How much time do you have to file a claim?

In North Carolina, you generally have three years from the date of the medical mistake to file a claim against your provider.

What if the injury or mistake takes longer to notice?

Not all medical mistakes are immediately apparent. If a doctor fails to diagnose a serious illness like cancer, it may take longer to learn you have the disease. In cases like this, you have more time to file a claim. If two or more years have passed between the date of injury and the date you discovered the injury, you have an additional year to file a claim.

What is the statute of limitations for filing?

Four years from the date of the medical mistake is the maximum amount of time to file a claim, even if you do not discover the mistake within that time frame.

Are there any exceptions to that time limit?

Yes. If you discover a foreign object left inside your body after a medical procedure, you have a year to file a claim after discovering the foreign object. However, after ten years, you lose the right to file a claim.

Are the rules the same for minors?

No. Different rules apply when minors suffer medical malpractice. Factors including the child’s age and guardianship status come into play.

Follow up with a different doctor and advocate for yourself to get proper treatment as soon as you suspect or discover malpractice. Do not suffer silently and allow the statute of limitations to expire.

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