Does North Carolina limit damages in a medical malpractice case?

By , J.D.
Get the compensation you deserve. We've helped 175 clients find Attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

Does North Carolina limit damages in a medical malpractice case?

Answer

Yes. Like a lot of states, North Carolina places a limit or "cap" on the amount of compensation that is available to a plaintiff who has been successful in a medical malpractice lawsuit. In other words, let's say the jury finds the defendant liable for malpractice, and awards the plaintiff a certain amount of compensation (called "damages" in the language of the law). At that point (fair or not) this law kicks in to limit the actual amount that the plaintiff can receive.

North Carolina lawmakers have placed a cap only on non-economic damages in medical malpractice cases. Non-economic damages include compensation for things like pain and suffering, emotional distress, and the loss of enjoyment of life that result from the defendant's medical malpractice. Non-economic damages are often described as more "subjective" because they tend to vary from plaintiff to plaintiff North Carolina's cap was originally set at $500,000, but beginning in 2014, the cap was slated for inflation-related adjustment every third year. The most recent adjustment by the North Carolina Office of State Budget and Management (effective January 1, 2020) set the cap at $562,338.

You can see the full text of this law at N.C. General Statutes section 90-21.19.

One important exception to North Carolina's medical malpractice damages cap: The law will not apply at all in cases where the injured patient suffered certain kinds of disfiguring or permanent injury AND the defendant's malpractice arose from recklessness, malice, an intentional act, or gross negligence. Where those criteria are met in a medical malpractice case, all damages are uncapped.

It's important to remember that compensation for losses like past and future medical bills, lost income, lost earning capacity, and other economic damages are not subject to any sort of cap in a North Carolina medical malpractice case.

One final note on damages in North Carolina: If the plaintiff is asking for more than $150,000 in overall damages (economic and non-economic), a medical malpractice lawsuit trial might be separated into two parts: one in which the health care provider's liability is determined, and another in which the proper financial remedy for the injured patient is decided.

Learn more about medical malpractice damages.

by: , J.D.

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 175 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you