North Carolina Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
N.C. Gen. Stat. § 90-21.19
Exceptions to Cap
- Reckless disregard
- Gross negligence
- Intentional acts
- Fraud
North Carolina caps noneconomic damages at a base of $500,000 (set in 2011), which adjusts every three years for inflation. As of 2023, the cap is $656,730. The cap is waived for gross negligence or reckless disregard.
Frequently Asked Questions
What is the noneconomic damage cap in North Carolina?
As of the last adjustment, noneconomic damages are capped at $656,730 under N.C. Gen. Stat. § 90-21.19.
Are there exceptions to the North Carolina cap?
Yes. The cap does not apply if the injury resulted from reckless disregard, gross negligence, fraud, or an intentional act.
Does the North Carolina cap adjust for inflation?
Yes, the cap is recalculated every three years on January 1st by the Office of State Budget and Management.
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