Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
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Unfortunately, with it being 8 years later, even if the injury was not discovered immediately, the statute of limitations will most likely preclude any suit from being filed. North Carolina General Statute § 1‑15 governs the personal injury statute of limitations. Under North Carolina law, you have only three years from the date the medical mistake was made to file your claim against your healthcare provider. However, you have up to two years from the date you discovered the mistake to a maximum of four years if you could not have discovered your injury right away. Since it has 8 years, again filing a suit will most likely be unsuccessful even if medical negligence is present due to the statute of limitations. Even if the medical providers fraudulently tried to hide the wrongful and negligent behavior the statute of limitations for criminal fraud is 2 years in NC and 3 years for a civil suit based on fraud. Again this would not be helpful. another possibility would be to contact the medical board and try to get the licenses of the medical providers revoked. There would be no reimbursement civilly for this but if there is enough evidence it might be possible to have this case investigated by the medical board. I'm sorry to give you this news but this might be the only remedy left which will not monetarily help.
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