On this page, we will look at North Carolina medical malpractice lawsuits. We will examine the average settlement value of medical malpractice cases in North Carolina by reviewing recent settlements and verdicts. We will also provide a summary of North Carolina law governing medical malpractice.
Settlement Value of North Carolina Medical Malpractice Cases
Here are some key statistics on medical malpractice cases in North Carolina that will help give you a bigger picture of what to expect in these cases.
- There are an average of 566 medical malpractice lawsuits filed in North Carolina each year, or one-quarter of one percent of the lawsuits filed in North Carolina. For those who think malpractice lawsuits are increasing in number: there were 496 malpractice lawsuits in 2009, the last year studied.
- Said another way, from 1998 through 2009, the number of all civil case filings in North Carolina
averaged 228,037 per year. The medical malpractice filings accounted for 0.25%
of all civil cases. - Okay, but North Carolina juries award a ton of money when the plaintiff wins a medical malpractice lawsuit. No, not really. In the 54 malpractice cases in which the plaintiff won at trial and received money damages, the median jury award was $320,000. Underscoring the point, 10 of these malpractice verdicts were below $10,000. Not exactly runaway juries.
- Doctors are fleeing North Carolina? Not quite. Between 1998 and 2008 (the last year for which statistics were available), the total population in North Carolina grew by 18.3%, while the physician population increased by 29.1%. Maybe not every doctor has gone to Texas yet.
- Four percent of medical malpractice lawsuits go to verdict. Plaintiffs win 22.33% of the time. If you consider cases with multiple defendants, 86% of doctors prevail at trial.
North Carolina Medical Malpractice Verdicts and Settlements
Below are summaries of recent verdicts and settlements in North Carolina medical malpractice cases.
- 2024, North Carolina: $1,750,000 Verdict. The decedent went the emergency room for bradycardia and weakness and was put on an external temporary pacer, which increased his heart rate while he was awaiting transfer to another hospital. An x-ray technician allegedly removed the pacer and wheeled the decedent to radiology, resulting in the decedent becoming unresponsive. When a nurse returned him to the ER and resumed the pacer he became acidotic and required intubation, had cardiac arrest and underwent CPR, and never regained consciousness. The estate brought a wrongful death action, arguing the defendant was negligent, through its employees, by removing the decedent from pacing and monitoring and failing to properly diagnose and treat his condition.
- 2023, North Carolina: $1,750,000 Verdict. A 48-year-old man underwent back surgeries and had a neurostimulator implanted at T9-T10. Four years later he was scheduled to undergo an MRI. The presence of the neurostimulator was disclosed to the medical imaging company and identified on a pre-MRI X-ray. He alleged electrical neuropathic pain from the lower thoracic region to his toes, testicular and groin pain, neurogenic bladder and bowel, balance problems, sexual dysfunction and paraplegia. The lawsuit alleged that the medical imaging defendant failed to properly handle the MRI with the neurostimulator.
- 2022, North Carolina: $7,000,000 Verdict. The decedent was admitted to the hospital to undergo a total trans-vaginal hysterectomy since she had been diagnosed with post-menopausal vaginal bleeding. After the surgery, she developed a fever and abdominal pain and her white blood cell count spiked the next day. It was eventually discovered that the surgeon had perforated her bowel during the procedure. She later died from septic shock.
- 2019, North Carolina: $816,988 Verdict. A 61-year-old man alleged that the delays in diagnosing his spinal hematoma caused permanent nerve injuries. The man initially underwent cervical fusion surgery at Watauga Medical Center. Three days later, he presented to Ashe Memorial Hospital’s emergency room after he fell at home. After being hospitalized for seven hours, the ER physician had him transferred to Watauga Medical. The man was then diagnosed with a spinal hematoma that caused spinal cord compression. He underwent the surgical removal of the hematoma on the same day. Despite the procedure, the man claimed permanent spinal cord and nerve injuries that left him unable to walk. He then underwent physical and rehabilitative surgery for several months. Within a year, he regained his ability to walk. However, his spinal cord damage left him unable to return to his manufacturing job. The man also was diagnosed with walking limitations, balance issues, weakness to his extremities, and reduced motor skills. He sued Ashe Memorial, Watauga Medical, and their respective doctors for improperly diagnosing and treating his condition when he came into their care. The man alleged that Ashe Memorial had no MRI equipment, which would have allowed for a timely diagnosis if his spinal cord compression. He also alleged that his doctors failed to appreciate that spinal hematoma was a complication of cervical fusion surgery. The man claimed that these treatment delays caused his spinal cord damage to become permanent. An Ashe County jury found all the defendants liable and awarded the man an $816,988 verdict.
- 2019, North Carolina: $15,000,000 Settlement. A mother alleged that the nurse’s failure to replace her newborn daughter’s breathing tube resulted in permanent brain injuries. The woman’s daughter was born prematurely with a narrow windpipe. She underwent a tracheostomy for treatment. One day, a nurse removed the baby’s tube because she thought it was dirty. Instead of replacing the tube, she cleaned and re-inserted it. Shortly after, the baby went into cardiac and respiratory arrest. This deprived her brain of adequate blood flow. She suffered cognitive impairments, dystonia, cerebral palsy, muscle spasms, abnormal muscle tone, quadriparesis, cortical blindness, and swallowing difficulties. The now five-year-old girl could not walk, talk, or see. She was dependent on a ventilator for breathing and a tube for eating. Her mother, a nurse, went from working full-time to part-time to care for her daughter. The case settled for $15,000,000.
- 2018, North Carolina: $511,200 Verdict. A man suffered an infected Stage IV bedsore around his sacral region while hospitalized. He underwent surgery for its treatment. The man sued the hospital, alleging that its staff failed to turn and reposition him every two hours and failed to properly treat the bedsore. The man also alleged that the hospital staff miscategorized him as a “self-turn” patient. A Gaston County jury awarded the man a $511,200 Verdict.
- 2018, North Carolina: $2,000,000 Settlement. A mother alleged that delays in the C-section delivery caused her son’s permanent brain injuries. The hospital staff initially admitted her after tests revealed that her baby experienced decreased blood flow. Upon admission, the delivery failed to progress. The baby also showed signs of fetal distress. After 45 minutes, the hospital staff advised the obstetrician to order a C-section. The obstetrician refused, then left the hospital. Two hours later, the baby’s heart rate dropped and did not recover. The staff ordered an emergency C-section, and the obstetrician returned to the hospital. However, the baby had already suffered a severe brain injury upon being born. The mother sued the obstetrician, alleging that their failure to timely order a C-section caused her son’s severe brain injury. This case settled for $2,000,000.
- 2017, North Carolina: $100,422 Verdict. A 68-year-old woman suffered an adrenal crisis that caused severe declines in her health after the hospital staff failed to include hydrocortisone in her post-surgical care. The woman initially underwent the surgical removal of her adrenal gland and left kidney at Forsyth Medical Center. Following the procedure, her health deteriorated, and she was transferred to Brian Center. Before being transferred, the staff provided instructions on administering hydrocortisone as hormone replacement therapy. However, a Brian Center nurse failed to include it in a list of medications used to treat her. The staff eventually found her unresponsive. She was then transferred back to Forsyth Medical, where she was diagnosed with an adrenal crisis. The Forsyth’s staff intravenously administered glucocorticoids to stabilize her condition. The woman sued Brian Center, alleging that the staff’s failure to administer hydrocortisone caused her to experience an adrenal crisis that deteriorated her condition. This case settled for $100,422.
- 2016, North Carolina: $6,180,000 Verdict. A man died from coronary artery disease caused by atherosclerosis after being discharged from a hospital’s emergency department five hours earlier. He had presented to the emergency room, complaining of chest pain that radiated to both his arms. His estate sued the hospital, alleging that its staff failed to timely diagnose and treat his condition. The Cabarrus County jury awarded a $6,180,000 verdict.
Medical Malpractice in North Carolina
Medical malpractice is a serious issue in North Carolina like it is everywhere in the U.S. Medical malpractice is a failure by a healthcare provider to provide the appropriate level of care, resulting in injury or harm to a patient. In North Carolina, medical malpractice claims can be filed in state court and are governed by state laws and regulations. It is not just North Carolina medical malpractice lawyers preaching there is a malpractice problem. Hospitals studies underscore the magnitude of the problem.
The last year we have data for is 2020, a one-off year with COVID. But according to the North Carolina Medical Board, there were 561 medical malpractice claims reported in the state in 2020. This represents an increase from previous years, with the number of claims steadily rising over the past decade. However, it is important to note that this number only represents reported claims and the actual number of incidents of medical malpractice in the state is much higher.
In North Carolina, the majority of medical malpractice claims are filed against physicians, with a smaller percentage of claims against other healthcare providers such as nurse practitioners, nurses, and hospitals. The most common types of medical malpractice claims in the state include failure to diagnose, surgical errors, medication errors, and birth injuries.
The consequences of medical malpractice in North Carolina can be severe and life-altering for patients. In addition to physical harm and injury, patients may also experience emotional distress, financial hardship, and loss of quality of life. In some cases, medical malpractice can even be fatal.
Despite the increase in medical malpractice claims in North Carolina, the state has implemented several measures aimed at reducing the occurrence of medical errors and improving patient safety. The North Carolina Medical Board, for example, oversees the licensing and discipline of healthcare providers in the state, and investigates complaints of medical malpractice and other forms of professional misconduct.
Additionally, North Carolina has implemented mandatory reporting requirements for healthcare providers, which require them to report certain adverse events and medical errors to the state. This helps to ensure that incidents of medical malpractice are properly documented and addressed, and can serve as a valuable resource for improving patient safety in the future.
Medical malpractice is a significant issue in North Carolina and has serious consequences for patients. While the state has taken steps to address the problem, it has a cap on pain and suffering damages which really chills accountability for the harm that is caused by malpractice in North Carolina.
North Carolina Medical Malpractice Laws
This section will provide an overview of some of the key laws in North Carolina regarding medical malpractice cases.
Statute of Limitations in North Carolina Medical Malpractice Cases
A “statute of limitations” is a law that sets a strict deadline for filing a lawsuit against a defendant—in medical malpractice cases, this means filing against a doctor or healthcare facility. If the deadline has passed and you have not filed, your claim will be lost forever.
In North Carolina, the statute of limitations for medical malpractice cases generally requires that a lawsuit be filed within **three years** from the date of the injury or from the last act of malpractice. NC Gen. Stat § 1-15 However, there are important exceptions and limitations that apply.
Discovery Rule: If the injury was not immediately apparent, you may have **one additional year** from the date the injury was discovered (or should have been discovered) to file, but this extension cannot exceed **four years** from the date of the malpractice.
Absolute Limit (Statute of Repose): North Carolina also has a statute of repose that prevents filing any medical malpractice claim more than **four years** from the date of the alleged malpractice, regardless of when the injury was discovered.
Foreign Objects: If the malpractice involved a foreign object left in the body, you have one year from the date of discovery of the object to file, even if this discovery happens after the four-year limit, but it cannot exceed ten years from the date of the malpractice.
These time limits are strict, and if a lawsuit is not filed within these windows, the right to sue for damages may be lost permanently.
Special Rules for Minors
The statute of limitations for medical malpractice cases in North Carolina does not apply the same if the victim or plaintiff is a minor (under the age of 18). Minors are considered to be under a “legal disability” so their SOL clock doesn’t start to run until the disability is removed.
For minors, their legal disability is “removed” when they turn 18. This means that their 3-year SOL clock on a medical malpractice claim will begin to run on their 18th birthday. NC Gen. Stat. § 1-17 provides additional special deadlines for minors in medical malpractice cases.
Who Can Be Sued for Medical Malpractice In North Carolina?
Most people assume that medical malpractice lawsuits are only filed against doctors. In reality, however, many other individuals and even organizations in the medical field can also be held responsible for a patient’s injury or death, not just doctors.
In North Carolina, a medical malpractice claim can be filed against any healthcare provider alleged to have been negligent and whose negligence is believed to have caused the injury. A healthcare provider may be considered negligent if they performed an act that a reasonable professional would not have, or if they failed to perform an act that a reasonable professional would have, given similar circumstances. The focus is on whether professional standards of conduct were met, not on the provider’s character or intent.
Under North Carolina law, a healthcare provider includes anyone licensed, registered, or certified to provide medical services to patients, such as those in medicine, surgery, dentistry, pharmacy, optometry, midwifery, osteopathy, podiatry, chiropractic, radiology, nursing, physiotherapy, pathology, anesthesiology, anesthesia, laboratory analysis, assisting a physician, dental hygiene, psychiatry, or psychology, as well as hospitals and nursing homes.
Damage Caps In North Carolina Medical Malpractice Cases
Economic Damages: are awarded to help restore you financially to the position you were in before your injury. These damages cover financial losses related to your injury, such as medical expenses, lost wages, physical therapy costs, and loss of future earnings.
Non-Economic Damages: compensate for losses that are challenging to measure, including pain and suffering, loss of companionship, and diminished enjoyment of life.
Punitive Damages: are intended not to compensate for your injury but to punish the defendant and discourage similar behavior in the future.
In North Carolina, non-economic damages in medical malpractice cases are capped. As of January 1, 2023, the cap is set at $656,730. This cap applies to damages for pain and suffering, loss of companionship, and other non-economic losses. However, the cap does not apply if the malpractice involved specific cases of gross negligence, reckless disregard, or intentional misconduct. The cap also does not apply to economic damages for things like medical expenses and future lost wages.
The cap is adjusted every three years to account for inflation based on the consumer price index, which means it may increase over time. This limit applies per occurrence, not per defendant, in each malpractice case.
Expert Review Requirement
Like many states, North Carolina requires all prospective plaintiffs in medical malpractice cases to get a qualified expert witness to review their case and provide an opinion that the defendant was negligent by breaching the applicable standard of medical care. The plaintiff’s expert must sign a “certificate of review” attesting to this opinion and the plaintiff must submit this certificate within 60 days after filing their case. N.C. Gen. Stat. § 143-291
In North Carolina, a witness is considered an expert if they either specialize in the same field as the defendant or in a similar field that involves performing the procedure in question, with prior experience treating similar patients.