North Carolina · Medical Malpractice
North Carolina medical malpractice damage caps and statute of limitations
Refreshed 2026. ~$712,847 (2026) damage cap. 3 years from last act giving rise to claim. Full breakdown below.
Damage caps
NC Gen. Stat. § 90-21.19Non-economic damages cap
~$712,847 (2026)
Total damages cap
None
Status
active
Notes
Base cap $500,000 (2011), adjusted for inflation every 3 years since 2014. Cap does NOT apply if: permanent disfigurement, loss of use of body part, permanent injury, or death caused by gross negligence, fraud, intentional misconduct, or recklessness.
Statute of limitations
NC Gen. Stat. § 1-15(c)Standard SOL
3 years from last act giving rise to claim
Discovery rule
Limited; if injury discovered 2+ years after last act, 1 year from discovery (but subject to 4-year repose)
Statute of repose
4 years from last act giving rise to claim
Minor exception
For minors under 10: SOL extended until child's 10th birthday. For minors 10+: standard SOL applies with no additional tolling. HB 805 (2025) created extended periods for specific categories.
Wrongful death SOL
2 years from date of death
Notes
NC Gen. Stat. § 1-17(c) governs minor exceptions. Guardian ad litem appointment starts clock for minors under 10.
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North Carolina med-mal FAQ
What is the medical malpractice statute of limitations in North Carolina?+
3 years from last act giving rise to claim. Limited; if injury discovered 2+ years after last act, 1 year from discovery (but subject to 4-year repose) Statute of repose: 4 years from last act giving rise to claim. Wrongful death: 2 years from date of death. NC Gen. Stat. § 1-17(c) governs minor exceptions. Guardian ad litem appointment starts clock for minors under 10. Source: NC Gen. Stat. § 1-15(c).
Does North Carolina have a medical malpractice damage cap?+
Non-economic cap: ~$712,847 (2026). Base cap $500,000 (2011), adjusted for inflation every 3 years since 2014. Cap does NOT apply if: permanent disfigurement, loss of use of body part, permanent injury, or death caused by gross negligence, fraud, intentional misconduct, or recklessness. Source: NC Gen. Stat. § 90-21.19.
How does North Carolina handle the discovery rule in med-mal cases?+
Limited; if injury discovered 2+ years after last act, 1 year from discovery (but subject to 4-year repose)
What is the North Carolina minor exception for medical malpractice?+
For minors under 10: SOL extended until child's 10th birthday. For minors 10+: standard SOL applies with no additional tolling. HB 805 (2025) created extended periods for specific categories.
What is the wrongful death statute of limitations for North Carolina medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. North Carolina damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed North Carolina attorney before relying on a deadline. Data refreshed May 2026.