[NC] [NC] How do I file a medical malpractice suit for neonatal loss?
Can I get a medical malpractice case?
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3
Solved
Here’s how it works specifically in North Carolina:
Medical Malpractice in North Carolina
To file a malpractice claim for neonatal loss in NC, you must show that a healthcare provider failed to meet the standard of care required of similarly trained professionals, as outlined in N.C. Gen. Stat. §90-21.12.
Your complaint must include a Rule 9(j) certification, confirming that a qualified medical expert reviewed the case and believes there’s a valid basis for malpractice.
Wrongful Death Component
A wrongful death claim must be filed by the personal representative of the deceased child’s estate under N.C. Gen. Stat. §28A-18-2.
Statute of Limitations
You generally have three years from the date of the alleged negligence, but no more than four years from the last act that caused the injury, under N.C. Gen. Stat. §1-15(c).
Next Steps
Consult a medical malpractice attorney in North Carolina — most work on contingency, meaning they only get paid if you recover compensation.
Gather all medical records from the pregnancy, delivery, and neonatal care period.
Keep notes on all communications with doctors and hospital staff.
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Full Conversation
Can I get a medical malpractice case?
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.
What specific incident or issue are you considering for your medical malpractice claim?
Neonatal loss.
Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with neonatal loss.
Yes.
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.
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?
I want justice for my baby and to hold those responsible accountable so this won’t happen to anyone else.
Here’s how it works specifically in North Carolina:
Medical Malpractice in North Carolina
To file a malpractice claim for neonatal loss in NC, you must show that a healthcare provider failed to meet the standard of care required of similarly trained professionals, as outlined in N.C. Gen. Stat. §90-21.12.
Your complaint must include a Rule 9(j) certification, confirming that a qualified medical expert reviewed the case and believes there’s a valid basis for malpractice.
Wrongful Death Component
A wrongful death claim must be filed by the personal representative of the deceased child’s estate under N.C. Gen. Stat. §28A-18-2.
Statute of Limitations
You generally have three years from the date of the alleged negligence, but no more than four years from the last act that caused the injury, under N.C. Gen. Stat. §1-15(c).
Next Steps
Consult a medical malpractice attorney in North Carolina — most work on contingency, meaning they only get paid if you recover compensation.
Gather all medical records from the pregnancy, delivery, and neonatal care period.
Keep notes on all communications with doctors and hospital staff.
Thanks.
Dan
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