Full Statute Name:  West's North Carolina General Statutes Annotated. Chapter 90. Medicine and Allied Occupations. Article 1B. Medical Malpractice Actions.

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Primary Citation:  NC ST § 90-21.12 Country of Origin:  United States Last Checked:  December, 2014 Alternate Citation:  N.C.G.S.A. § 90-21.12 Date Adopted:  1975
Summary:

This North Carolina statute provides the standard of health care in actions for damages for personal injury or death arising out of medical-based malpractice. Under the statute, the plaintiff must prove by the greater weight of the evidence that the health care provider’s actions fell below the standards of practice of other health care professionals similarly trained and situated in the same or similar communities.

Statute Text: 

(a) Except as provided in subsection (b) of this section, in any medical malpractice action as defined in G.S. 90-21.11(2)(a), the defendant health care provider shall not be liable for the payment of damages unless the trier of fact finds by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action; or in the case of a medical malpractice action as defined in G.S. 90-21.11(2)(b), the defendant health care provider shall not be liable for the payment of damages unless the trier of fact finds by the greater weight of the evidence that the action or inaction of such health care provider was not in accordance with the standards of practice among similar health care providers situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action.

(b) In any medical malpractice action arising out of the furnishing or the failure to furnish professional services in the treatment of an emergency medical condition, as the term “emergency medical condition” is defined in 42 U.S.C. 1395dd(e)(1)(A), the claimant must prove a violation of the standards of practice set forth in subsection (a) of this section by clear and convincing evidence.

Credits
Added by Laws 1975 (2nd Sess.), c. 977, § 4. Amended by S.L. 2011-283, § 4.1(a), eff. June 24, 2011; S.L. 2011-400, § 6, eff. Oct. 1, 2011.


 

 

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