North Carolina medical malpractice laws Archives

North Carolina Appellate Court Rules Claims Of Fraud And Breach Of Fiduciary Duty Were Medical Malpractice Claims

February 10, 2026

During cardiac surgery for an atrial septal defect, Dr. Mill discovered that Skylar’s initial diagnosis was incorrect: she had an unroofed coronary sinus, a rare condition that required a more complex procedure, which Dr. Mill performed. The night after surgery, Skylar developed complications that[...]

North Carolina Supreme Court Holds Negligent Retention Claim Is Medical Malpractice Claim

January 31, 2026

The Supreme Court of North Carolina stated in its December 12, 2025 opinion: “[T]he General Assembly has defined a medical malpractice action as an action encompassing negligent retention claims against corporate entities … The General Assembly has chosen to bar malpractice actions four [...]

North Carolina Supreme Court Rules Medical Malpractice Interlocutory Order Not Appealable Until End Of Case

December 1, 2025

On February 16, 2022, Doris Land and her husband filed their North Carolina medical malpractice action against Dr.Whitley, Physicians East, P.A. d/b/a Greenville OB/GYN, and Pitt County Memorial Hospital, Inc. d/b/a Vidant Medical Center and d/b/a Vidant SurgiCenter, for negligence and gross neglige[...]

North Carolina Appellate Court Revives Negligent Retention Claim But Not Medical Malpractice Claims

July 30, 2024

The parents of a minor, Brittany Cottle, filed a North Carolina lawsuit in March 2017 against the defendants arising out of medical care Brittany received for back pain by Dr. Keith Pinkney Mankin, MD; specifically from injuries she allegedly suffered as a result of two surgeries he performed on her[...]

North Carolina Supreme Court Holds Medical Malpractice Claim Involving Minor Filed Too Late

May 7, 2024

Background Facts Plaintiff Freedom Morris—then thirteen years old—sought emergency treatment on February 23, 2015 at defendant Vidant Medical Center for abdominal pain caused by acute appendicitis. Defendant David Rodeberg, M.D. operated on plaintiff the next day to remove his appendix. Despite [...]

North Carolina Appellate Court Rules Minor’s Medical Malpractice Lawsuit Was Filed Too Late

November 11, 2022

Minor’s Malpractice Lawsuit Filed Too Late: The Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated in its opinion filed on August 16, 2022 in a North Carolina medical malpractice case involving a thirteen-year-old minor allegedly injured as a result of med[...]

12 Long Years To Obtain Justice In North Carolina Medical Malpractice Case

September 28, 2022

How long does it take to obtain justice in medical malpractice cases? A North Carolina medical malpractice case that was recently settled for $5 million shows how difficult and how long it may take to obtain some semblance of justice. The Hendersonville Lightening reported on July 4, 2022 the follow[...]

North Carolina Appellate Court Affirms Plaintiff’s Expert Failed To Establish Medical Negligence

November 5, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on October 6, 2020 in a North Carolina medical malpractice case, “Dr. Erdmann’s expert testimony, required to establish Plaintiff’s prima facie case of medical negligence, fails [...]

North Carolina Appellate Court Revives Medical Malpractice Case Dismissed Under Rule 9(j)

August 29, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”), in its opinion dated April 21, 2020, stated, “we hold that the trial court erred in dismissing Plaintiffs’ claims against the Doctors based on a failure to comply with Rule 9(j) at this stage of the litiga[...]

North Carolina Appellate Court Cites Old Precedent In Affirming That Nurses Cannot Be Held Liable For Medical Malpractice In North Carolina

July 28, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated in its opinion dated June 16, 2020: “Nearly a century ago, our Supreme Court rejected the notion that nurses can be liable for medical malpractice based on their diagnosis and treatment of patients. Th[...]

North Carolina Appellate Court Applies Continuous Course Of Treatment Doctrine In Reviving Medical Malpractice Case

October 30, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) applied the continuous course of treatment doctrine in its opinion filed on September 18, 2018 in reviving a North Carolina medical malpractice case in which the plaintiffs alleged that the defendant obstetrician g[...]

Tag: North Carolina medical malpractice laws