North Carolina Medical Malpractice Law and Settlements

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.

If you have a potential medical malpractice or birth injury claim, you can get a free no-obligation consultation online or call us today at 800-553-8082.

Settlement Value of North Carolina Medical Malpractice Cases

Understanding how medical malpractice claims work in North Carolina can help set realistic expectations. Here are some key facts about these cases.

Medical malpractice lawsuits remain a tiny fraction of all civil lawsuits filed in North Carolina. Although claims involving serious injuries and wrongful death regularly make headlines, malpractice cases account for only a small percentage of the state’s overall civil docket.
Most patients who believe they were the victim of medical negligence never file a lawsuit. North Carolina’s expert certification requirement, strict statute of limitations, contributory negligence rule, and cap on noneconomic damages make medical malpractice claims among the most difficult personal injury cases to bring successfully.
Contrary to the perception of “runaway juries,” plaintiffs do not win most medical malpractice trials. Published national studies have consistently found that doctors and hospitals win most malpractice cases that reach a jury. When plaintiffs do prevail, however, verdicts can be substantial in catastrophic injury and birth injury cases.
North Carolina’s physician workforce has continued to grow despite recurring arguments that malpractice lawsuits drive doctors out of the state. The North Carolina Medical Board reported 49,007 licensed physicians at the end of 2025, including 33,041 located in the state. That statewide total does not mean every community has adequate access to doctors. Many rural counties still have far fewer physicians per resident than Raleigh, Durham, Charlotte, and other population centers.
Most medical malpractice claims never reach a jury. The overwhelming majority are either dismissed or resolved through settlement, leaving only a small percentage of cases to be decided at trial. Because of that, verdict reports tell only part of the story when evaluating the value of a North Carolina medical malpractice claim.

North Carolina Medical Malpractice Verdicts and Settlements

Below are summaries of recent verdicts and settlements in North Carolina medical malpractice cases.

2026, North Carolina: $18,200,000 Verdict. A six-year-old boy suffered a catastrophic brachial plexus injury during childbirth after his shoulder became lodged behind his mother’s pubic bone. The lawsuit alleged that a resident physician at WakeMed Raleigh Campus Hospital negligently performed a fetal vertex rotation during the shoulder dystocia, tearing all five nerve roots in the child’s left brachial plexus from his spinal cord. The injury permanently deprived him of the use of his left arm, shoulder, and hand. Following a five-week trial, a Wake County jury found the physician negligent and awarded $17.7 million to the child and $500,000 to his mother. The $18.2 million verdict included approximately $2.2 million in economic damages and $16 million in noneconomic damages. Because the jury found negligence but did not find gross negligence, the trial judge may reduce the noneconomic portion under North Carolina’s medical malpractice damages cap. The verdict and the final judgment may therefore be very different numbers because of the malpractice cap in North Carolina.
2024, North Carolina: $1,750,000 Verdict. The decedent went to 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 transvaginal hysterectomy after being diagnosed with postmenopausal 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 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 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 therapy 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 was also diagnosed with walking limitations, balance issues, weakness in his extremities, and reduced motor skills. He sued Ashe Memorial, Watauga Medical, and their respective doctors for improperly diagnosing and treating his condition. The man alleged that Ashe Memorial had no MRI equipment, which would have allowed for a timely diagnosis of his spinal cord compression. He also alleged that his doctors failed to appreciate that a 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 a 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 reinserted 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 girl, who was five years old when the case resolved, 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 million.
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 $511,200.

2018, North Carolina: $2,000,000 Settlement. A mother alleged that delays in a 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. The mother sued the obstetrician, alleging that the failure to timely order a C-section caused her son’s injuries. The case settled for $2 million.
2017, North Carolina: $100,422 Result. A 68-year-old woman suffered an adrenal crisis that caused severe declines in her health after hospital staff failed to include hydrocortisone in her postsurgical care. The woman initially underwent 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 the transfer, the staff provided instructions on administering hydrocortisone as hormone replacement therapy. However, a Brian Center nurse failed to include it in the list of medications used to treat her. The staff eventually found her unresponsive. She was transferred back to Forsyth Medical, where she was diagnosed with an adrenal crisis. Forsyth’s staff intravenously administered glucocorticoids to stabilize her condition. The woman sued Brian Center, alleging that the failure to administer hydrocortisone caused her adrenal crisis and declining health. The case resulted in a $100,422 recovery.
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 arms. His estate sued the hospital, alleging that its staff failed to timely diagnose and treat his condition. A Cabarrus County jury awarded $6.18 million.

Medical Malpractice in North Carolina

Medical malpractice is a serious issue in North Carolina, as it is everywhere in the United States. 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 that there is a malpractice problem. Hospital studies underscore the magnitude of the problem.

The North Carolina Medical Board’s most recent annual report covers 2025. The Board opened 3,938 enforcement cases from all sources that year, including 248 cases classified as malpractice cases reviewed. It also received 2,383 complaints from patients and the public. Those figures are not a count of medical malpractice lawsuits. A licensing complaint, a malpractice report reviewed by the Board, and a civil lawsuit are different things.

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 experience emotional distress, financial hardship, and loss of quality of life. In some cases, medical malpractice can be fatal.

North Carolina has implemented measures aimed at reducing medical errors and improving patient safety. The North Carolina Medical Board oversees the licensing and discipline of physicians and physician assistants and investigates complaints involving the professionals it regulates. The Board does not decide whether an injured patient has a viable civil malpractice lawsuit.

North Carolina law also imposes reporting duties for specified events, facilities, and licensed professionals. Those duties vary depending on the provider and the event. They should not be confused with filing a malpractice lawsuit or reporting every possible medical error to one central state agency.

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 also imposed a cap on pain and suffering damages that chills accountability for the harm caused by malpractice.

North Carolina Medical Malpractice Laws

This section provides an overview of some of the laws governing North Carolina 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 a medical malpractice case, this means filing against a doctor, hospital, or another healthcare provider. If the deadline has passed and you have not filed, your claim may be lost forever.

In North Carolina, a medical malpractice lawsuit generally must be filed within three years of the defendant’s last act or omission giving rise to the claim. N.C. Gen. Stat. § 1-15(c) provides important exceptions and additional limits.

Discovery Rule: If the injury was not readily apparent and was discovered, or reasonably should have been discovered, two or more years after the defendant’s last act, the patient generally has one year from discovery to file. This rule does not extend the deadline beyond the four-year statute of repose.

Absolute Limit or Statute of Repose: North Carolina generally prevents a medical malpractice action from being filed more than four years after the defendant’s last act giving rise to the claim, regardless of when the injury was discovered.

Foreign Objects: If the malpractice involved a foreign object with no therapeutic or diagnostic purpose being left in the body, the patient may file within one year after discovering the object. Even then, the case generally cannot be filed more than ten years after the defendant’s last act.

These time limits are strict. If a lawsuit is not filed within the applicable period, the right to recover damages may be lost permanently.

Special Rules for Children

North Carolina has a special and much narrower rule for children with medical malpractice claims. The ordinary rule that may pause other claims during childhood does not generally allow a child to wait until age 18 and then take three more years to sue.

Under N.C. Gen. Stat. § 1-17(c), the ordinary medical malpractice limitations and repose periods generally apply. If those periods would expire before the child reaches age 10, the claim may usually be filed any time before the child turns 10. Additional provisions apply to certain children who have been adjudicated abused or neglected or who are in the legal custody of the state, a county, or an approved child placement agency.

Parents should have a potential birth injury or pediatric malpractice claim reviewed immediately rather than trying to calculate this deadline themselves.

Who Can Be Sued for Medical Malpractice in North Carolina?

Most people assume that medical malpractice lawsuits are only filed against doctors. In reality, many other individuals and organizations in the medical field can be held responsible for a patient’s injury or death.

In North Carolina, a medical malpractice claim can be filed against a healthcare provider alleged to have been negligent when that negligence caused the patient’s injury. A healthcare provider may be considered negligent if the provider performed an act that a reasonably careful professional would not have performed or failed to do something a reasonably careful professional would have done under similar circumstances. The focus is on whether the applicable professional standard of care was met, not on the provider’s character or intent.

Under North Carolina law, a healthcare provider can include an individual or entity licensed, registered, or certified to provide medical services. This includes professionals and entities involved in medicine, surgery, dentistry, pharmacy, optometry, midwifery, osteopathy, podiatry, chiropractic care, radiology, nursing, physical therapy, pathology, anesthesiology, laboratory analysis, physician assistance, dental hygiene, psychiatry, psychology, hospital care, and nursing home care.

Damage Caps in North Carolina Medical Malpractice Cases

Economic damages are intended to compensate you for financial losses caused by the injury. These damages may include medical expenses, lost wages, rehabilitation costs, necessary care, and loss of future earnings.

Noneconomic damages compensate for losses that are difficult to measure with receipts or wage records. They include pain, suffering, emotional distress, loss of companionship, inconvenience, and diminished enjoyment of life.

Punitive damages are intended to punish particularly wrongful conduct and discourage similar behavior. They are not awarded merely because a healthcare provider was negligent.

In North Carolina, noneconomic damages in medical malpractice cases are capped. As of January 1, 2026, the cap is $712,847. This cap applies to damages for pain, suffering, loss of companionship, and other noneconomic losses.

The cap does not apply if the jury finds both that the patient suffered disfigurement, loss of use of a body part, permanent injury, or death and that the defendant’s conduct was grossly negligent, reckless, fraudulent, intentional, or malicious. The cap also does not apply to economic damages such as medical expenses and future lost wages, which can be substantial in birth injury and other catastrophic injury cases.

The noneconomic damages cap is adjusted every three years to account for inflation based on the Consumer Price Index. The limit applies to all claims arising from the same professional services, not separately to each defendant.

North Carolina also generally caps punitive damages at three times the amount of compensatory damages or $250,000, whichever is greater. Punitive damages are unusual in medical malpractice cases and require proof beyond ordinary negligence.

Expert Review Requirement

Like many states, North Carolina generally requires a qualified expert to review the available medical care and records before a medical malpractice lawsuit is filed. Under Rule 9(j) of the North Carolina Rules of Civil Procedure, the complaint must specifically state that the review was completed by someone reasonably expected to qualify as an expert and willing to testify that the care failed to comply with the applicable standard.

North Carolina does not ordinarily allow a plaintiff to file the lawsuit first and provide a separate certificate 60 days later. In a proper case, a judge may grant an extension of up to 120 days to allow the plaintiff to complete the Rule 9(j) review. The request must be made before the applicable filing period expires, and the judge must find good cause and that the extension serves the ends of justice. A narrow exception also exists when the complaint properly alleges facts supporting the doctrine of res ipsa loquitur.

When the defendant is a specialist, the proposed expert generally must practice in the same specialty or a similar specialty that includes the procedure at issue and must have experience treating similar patients. During the year before the alleged malpractice, the expert must also have devoted a majority of professional time to active clinical practice or qualifying instruction in the relevant profession or specialty. North Carolina Rule of Evidence 702 contains additional provisions for general practitioners, hospital administrative claims, and testimony concerning nurses and other medical staff.

Hiring a Malpractice Lawyer

If you or your child were hurt and you believe you have a potential medical malpractice lawsuit in North Carolina, get a free no-obligation consultation online or call us today at 800-553-8082.