A report last year indicated that the lion's share of medical malpractice claims in the U.S. stem from incidents of missed or improper diagnoses, totaling some $39 billion in payouts over the last 25 years.
One of the biggest complications in a missed-diagnosis claim in Charlotte is the issue of the statute of limitations. While the law is clear that plaintiffs only have a small window in which to formally allege wrongdoing, there are a few situations in which exceptions are made and the statute of limitations clock can be halted or "tolled."
In North Carolina, medical malpractice lawsuits have to be filed within three years of the act or omission that gave rise to the injury or within two years of the date of the discovery. (Actions for objects left in the body have to start within one year of discovery or up to 10 years after the date giving rise to the injury.) These limits can be tolled when a person is a minor, deemed mentally incompetent or if the defendant is undergoing bankruptcy.