Nursing Home Laws in North Carolina
Nursing Home Negligence or Abuse
Statute of Limitations N.C. Gen. Stat. §1-52
- Three years from the act of injury or the discovery of it, whichever comes first.
Statute of Limitations N.C. Gen. Stat. §§1-15 and 1-52(16)
- Three years from when the injury was discovered, or reasonably should have been discovered.
- One year extension from the date of discovery allowed for injuries not readily apparent.
- Case cannot be filed more than four years from date of injury.
- If foreign object is discovered, case must be filed within one year of discovery but no later than 10 years from when foreign object was placed in injured party.
Statute of Limitations N.C. Gen. Stat. §1-53
- Two years from the date of death.
Damages Caps N.C. Gen. Stat. §1D-25
- Generally, no limits are placed on compensatory damages for medical malpractice cases.
- Punitive damages are capped at three times compensatory damages or $250,000, whichever is greater.
- Non-economic damages capped at $500,000
- Wrongful death actions can recover for expenses incurred during treatment of the injury resulting in death up to $4,500 or 50% of the net recovery, whichever is lesser.
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