WHAT IS REQUIRED TO FILE A MEDICAL NEGLIGENCE CASE IN NORTH CAROLINA?

To file a medical negligence case in North Carolina the injured persons’ attorney must certify in the complaint that is file that the attorney has an expert witness who is properly qualified willing to testify that the medical care provider being sued violated the applicable standard of care.

The question of whether the expert is qualified can be cumbersome.  The expert must be licensed and actively practicing or teaching at an accredited medical school.  The expert must be familiar with the standard of care that the person being sued must comply with and must be familiar with the community where to person practices.  The expert must have reviewed all of the medical records germane to the claim that are reasonably available to the plaintiff’s attorney.

The process is expensive and therefore any potential case is looked at to determine if the damages are sufficient to justify the time and expense involved in pursing a claim.