Short Answer

Yes. In North Carolina, you may file a medical negligence lawsuit if a health care provider failed to meet the applicable standard of care and that failure caused your infection and related harm. You must secure a Rule 9(j) certification before filing, based on a review by a qualified medical professional, and file within the medical malpractice time limits. Defenses, such as contributory negligence or alternative causes of infection, can affect your claim.

Understanding the Problem

You’re asking whether, in North Carolina, you can sue your physician for medical negligence because the physician touched you without washing hands or wearing gloves and you later developed a persistent infection. You want to know if the law allows a claim, what you must prove, and the deadlines that apply.

Apply the Law

In North Carolina, a medical negligence (medical malpractice) claim requires proof that a health care provider failed to provide care consistent with what reasonably careful providers with similar training and experience would have done in the same or similar community at that time, and that this failure caused injury and damages. Before filing, the complaint must include a Rule 9(j) certification stating that a qualified medical professional has reviewed the medical records and is prepared to testify that the care fell below the standard. These cases are filed in Superior Court, and strict filing deadlines apply, including a statute of repose that can bar claims even if you discover the injury later.

Key Requirements

• Standard of care breach: Show the provider did not act as a reasonably careful provider with similar training would under similar circumstances (e.g., basic infection-control practices).
• Causation: Connect the breach to your infection with medical testimony; show the infection likely resulted from the breach, not from unrelated factors.
• Injury and damages: Prove real harm (e.g., persistent infection, additional treatment, pain, lost time).
• Rule 9(j) certification: Your complaint must certify that a qualified medical professional reviewed your care and will testify that it failed to meet the standard.
• Timing: File within the medical malpractice statute of limitations and repose; limited extensions may be available solely to complete the required review.
• Forum and service: File in Superior Court and serve the defendants under the North Carolina Rules of Civil Procedure.

What the Statutes Say

• North Carolina Gen. Stat. § 90-21.12 (Medical standard of care) - Defines the standard for provider liability.
• North Carolina Gen. Stat. § 1A-1, Rule 9(j) (Medical malpractice pleading certification) - Requires pre-filing certification based on qualified medical review.
• North Carolina Gen. Stat. § 1-15(c) (Malpractice limitations and repose) - Sets the 3-year limit, 1-year discovery grace in some cases, and a 4-year repose (longer for retained foreign objects).
• North Carolina Gen. Stat. § 90-21.11 (Definitions) - Identifies claims that are medical malpractice and who is a health care provider.

Analysis

Apply the Rule to the Facts: Allegations that a doctor touched you without washing hands or wearing gloves point to a likely breach of basic infection-control standards. To succeed, you still need medical testimony linking that breach to your persistent infection, particularly since diabetes can increase infection risk and complicate healing. Your month-long infection and lack of needed medication can show damages, but you must file on time and include a Rule 9(j) certification based on a qualified medical reviewer.

Process & Timing

1. Who files: The injured patient. Where: Superior Court (Civil Division) in the North Carolina county where the provider resides or where the alleged negligence occurred. What: A complaint that includes a Rule 9(j) certification; a Civil Summons (AOC-CV-100) from the N.C. Judicial Branch website; and service under Rule 4. When: File within the deadlines under § 1-15(c). You may request a limited pre-filing extension solely to complete the required medical review if sought before the limitation period expires.
2. After service, the defendant typically has 30 days to answer (extensions are common). Expect a scheduling order, written discovery, depositions, and a court-ordered mediated settlement conference.
3. Cases resolve by settlement, summary judgment, or trial. A successful plaintiff receives a judgment; otherwise the case is dismissed. Timing varies by county and case complexity.

Exceptions & Pitfalls

• Rule 9(j) dismissal risk: If your complaint lacks the required certification based on a qualified medical review, the court will dismiss it.
• Res ipsa is limited: “Obvious” negligence doctrines rarely apply to infections; plan on medical testimony to prove breach and causation.
• Contributory negligence: If a defendant proves you unreasonably failed to follow care instructions or to seek timely treatment, recovery can be barred.
• Repose bar: Even with later discovery, the four-year repose can extinguish claims. Track the last act of alleged negligence.
• Wrong defendant/venue: Name all responsible providers/facility and file in a proper county to avoid delays or dismissal.

Talk to a Personal Injury Attorney

If you’re dealing with a persistent infection after substandard medical care, our firm can help you evaluate your options, deadlines, and next steps. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.