What is the statue of limitations to file a medical claim?

UPDATED: Oct 1, 2022

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What is the statue of limitations to file a medical claim?

I had gotten sick 4 year ago and found out it was my gall bladder. However, I was admitted to the emergency room and was given a platelet transfusion and underwent outpatient surgery to place a stint in due to a stone was blocking my bilirubin from draining. Somehow I went into a cardiac arrest and my diaphragm was shifted and I received a blood infection and had to be airlifted to another hospital. I was told that the doctor let too much air into my diaphragm but I never received a straight answer as to what happened. I still have my gallbladder and I have to have surgery to have my diaphragm shifted back into place. I’m in NC.

Asked on December 28, 2018 under Malpractice Law, North Carolina


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

Answered 4 years ago | Contributor

Unfortunately, the statute of limitations in NC has expired for filing a medical malpractice claim.
In NC, the statute of limitations for filing a lawsuit for negligence (medical malpractice) is three years from the date of injury. You have lost your rights forever in the matter because the statute of limitations has expired.

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