Legal Question in Legal Ethics in North Carolina

Re: Time limits if it took a long time to discover the mistake

Some of the statute of limitations rules are quite harsh. For medical malpractice, there is generally a three year statute of limitations (running from the discovery of the problem) and a four year statute of repose (running from the doctor's last act); you must meet both of these to prevail. There are a couple of "exceptions," which are generally difficult to meet. If the doctor concealed the malpractice, you might be able to avoid the statute of limitations (or repose). Also, if there was a "continuing course of treatment," then you might be able to effectively extend the statute of limitations. You can run a Google search on North Carolina General Statute 1-15(c) to get the language from the statute, and you can search the free online statute database(s). I will also note the following provision in the statute, "Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action." This was enacted to apply where, for example, the doctor left scissors or a sponge in the patient; I do not know whether this provision applies to your case. (I wonder if what you had was a spinal cord stimulator.) It sounds as if you have already consulted several lawyers, but of course you may want to continue to seek professional guidance here.