Legal Question in Medical Malpractice in North Carolina

Is 2 year statue of limitation in effect even if you dont find out it happened u

Is the statue for filing a suit still in effect even if you were unable to find until 6 years after the fact that it did involve a doctor? I had a baby 6 years ago. If i was to find out now that in fact the doctor or nurse was the cause of my injury is there nothing I can do?


Asked on 3/21/05, 12:46 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Is 2 year statue of limitation in effect even if you dont find out it happen

Generally speaking, the statute of limitations for medical malpractice is three years, and you essentially get an extra year (i.e. total of 4 years) if you do not discover the issue within the first three years. This is a very tricky area and you need to consult an attorney about the matter. There are a few narrow exceptions, such as the "continued treatment" doctrine. Also, if there was injury to your child, then he or she may have a different statutory period. I suggest you contact a lawyer to discuss this issue.

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Answered on 3/21/05, 9:13 pm


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