Filing Procedures and Pre-Litigation Requirements for Medical Malpractice in North Carolina

 Steps to File a Medical Malpractice Lawsuit

Filing a medical malpractice lawsuit in North Carolina involves several mandatory steps. Understanding these procedures can help you avoid delays and strengthen your case.

Key Filing Procedures

1. Rule 9(j) Certification:
   Before filing, you must obtain a written statement from a qualified medical expert confirming that the provider likely breached the standard of care.

2. Filing the Complaint:
   Once you have the certification, your attorney will file a formal complaint in court outlining your allegations and requested damages.

3. Mediation Requirement:
   North Carolina requires parties to participate in mandatory mediation before proceeding to trial, which aims to settle the case out of court.

4. Separate Trials for Liability and Damages:
   For claims exceeding $150,000, the court may hold separate trials—one to determine liability and another to determine damages.

Why These Steps Matter:

Failing to meet any of these requirements can lead to delays or dismissal of your case. Working with an experienced attorney ensures you follow all necessary procedures.