Health Justice Transformation - North Carolina

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

No. Each defendant is jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff's Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Any civil action filed in Superior Court may be subject to mandatory mediation. If a mediation settlement conference is ordered, all parties must participate in good faith. Statements made and conduct of the parties during mediation are not admissible in any proceedings relating to the claim.

Standards for Expert Testimony/Witness

Medical malpractice claims will be dismissed unless the complaint asserts that a qualified provider has reviewed the medical care in question and is willing to testify that the standard of care was not met. Expert testimony is required to establish the standard of care unless the negligence is obvious to the lay person. Experts must generally be licensed providers who were practicing or teaching in the same/similar must be established through the use of expert testimony.