North Carolina imposes a special filing rule in medical malpractice cases. Before filing suit, the person bringing the case generally needs a qualified reviewer to examine the care in question and support the allegation that the provider fell below the required medical standard. If the complaint does not satisfy this pre-filing rule, the court will likely dismiss it.
What must happen before you file?
This rule requires more than a belief that a medical mistake occurred. Before filing, the person bringing the lawsuit generally needs a medical reviewer who can likely satisfy North Carolina’s expert witness rules and the complaint must contain the required certification.
Before filing, the rule generally requires:
- A reviewer whose background matches the medical issue involved
- An examination of the medical treatment at issue
- A certification in the complaint stating that the reviewer assessed the treatment and is prepared to state that it did not meet the required medical standard
The North Carolina Rules of Civil Procedure set out that framework.
The reviewer must fit the medical issue involved
The reviewer has to do more than agree with the claim. That person should understand the type of care involved and the standard that applied at the time. The amount and complexity of the records can affect how long that review takes.
What if the complaint does not comply?
A complaint that omits the required certification, or uses one that fails to satisfy the rule, will generally be dismissed. If the statute of limitations has already expired, that dismissal may end the claim permanently.
The rule does contain a narrow provision that may apply in certain deadline-related situations, but it does not eliminate the certification requirement and applies only under specific conditions.
Why timing matters before the filing deadline
Delays in gathering records or locating the right reviewer can create problems while the filing deadline continues to run. Acting early gives you time to collect records, identify the right reviewer and prepare a certification that complies with the rule.
The same timing issues can shape medical malpractice claims from the start. A North Carolina medical malpractice attorney can review the records, identify a suitable reviewer and assess whether the claim satisfies the rule before the filing deadline passes.