[NC] Can I file a medical malpractice case for neonatal loss?
Can I get a medical malpractice case?
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In North Carolina, a medical malpractice claim involving neonatal loss must show that a healthcare provider failed to meet the standard of care expected of similarly trained professionals in similar circumstances (N.C. Gen. Stat. § 90-21.12).
Important requirements:
- The complaint must include a Rule 9(j) certification, confirming a qualified medical expert reviewed and supports the claim.
- For wrongful death: the case must be brought by the personal representative of the deceased (N.C. Gen. Stat. § 28A-18-2).
Statute of Limitations:
- Generally within three years of the negligence
- No more than four years from the last act giving rise to the claim (N.C. Gen. Stat. § 1-15(c))
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Can I get a medical malpractice case?
Lexi, Chatbot
I understand that dealing with a potential medical malpractice case can be overwhelming.
Have you already consulted with a medical professional about the situation?
Yes.
Lexi, Chatbot
What specific incident or issue are you considering for your medical malpractice claim?
Neonatal loss.
Dan
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for more than 21 years.
I’m truly sorry you’re going through this, and I'm here to help.
When did this malpractice situation happen?
February 5th, 2025.
Dan
Got it. Thanks!
Are there currently any legal proceedings underway related to this situation?
Given everything you’ve shared, what result are you hoping to achieve?
Get justice for my baby and hold those responsible for the loss of my baby accountable — so this won’t happen to anyone else.
Dan
I feel for you and what you're going through. I really appreciate your patience as I work on your answer. It won’t be much longer.
Dan
In North Carolina, a medical malpractice claim involving neonatal loss must show that a healthcare provider failed to meet the standard of care expected of similarly trained professionals in similar circumstances (N.C. Gen. Stat. § 90-21.12).
Important requirements:
- The complaint must include a Rule 9(j) certification, confirming a qualified medical expert reviewed and supports the claim.
- For wrongful death: the case must be brought by the personal representative of the deceased (N.C. Gen. Stat. § 28A-18-2).
Statute of Limitations:
- Generally within three years of the negligence
- No more than four years from the last act giving rise to the claim (N.C. Gen. Stat. § 1-15(c))
Thank you, Dan.
Dan
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