Short Answer

In North Carolina, infections from poor hygiene during medical care can support a medical malpractice claim, but you generally need a qualified medical expert to confirm a breach of the medical standard of care and causation. Because North Carolina requires a special Rule 9(j) certification from an expert before filing suit, contact a medical malpractice attorney quickly to secure records, arrange expert review, and protect the statute of limitations and repose.

Understanding the Problem

You want to know how to find a North Carolina personal injury attorney to evaluate a possible medical malpractice claim after a doctor touched you without washing hands or wearing gloves, and you developed a persistent infection that has lasted almost a month.

Apply the Law

North Carolina medical malpractice law requires proof that a health care provider failed to meet the applicable medical standard of care, that this failure caused injury, and that you suffered damages. Most cases must include a Rule 9(j) certification in the complaint stating a qualified medical expert has reviewed the care and is willing to testify that it fell below the standard. The main forum is the Superior Court (for cases over $25,000). Key timing: a three-year statute of limitations, a one-year discovery provision in narrow situations, and a four-year statute of repose, with a limited 120-day extension available to complete expert review if requested before the deadline expires.

Key Requirements

• Standard of care: Care must align with what similarly trained providers would do in similar communities; poor hand hygiene can breach this standard.
• Causation: A medical link must tie the hygiene lapse to your infection; expert testimony usually proves this.
• Damages: Documented harm (e.g., ongoing infection, additional treatment, missed work) is required.
• Rule 9(j) certification: A qualified medical expert must review records and support the claim before filing, unless narrow res ipsa facts apply.
• Deadlines: Generally file within three years; limited discovery rule and a four-year repose apply; a 120-day extension is possible if requested before time runs.
• Forum: Typically file in Superior Court; venue is usually the county where the care occurred or where a defendant resides.

What the Statutes Say

• N.C. Gen. Stat. § 90-21.12 (Standard of health care) - Defines the standard of practice for health care providers in similar communities.
• N.C. R. Civ. P. 9(j) (Medical malpractice pleading) - Requires expert review and certification before filing, with a limited extension option.
• N.C. Gen. Stat. § 1-15(c) (Limitations and repose) - Sets the three-year limitations period, discovery rule, and four-year statute of repose (with specific foreign-object rules).
• N.C. Gen. Stat. § 7A-243 (Superior Court jurisdiction) - Superior Court hears civil cases where the amount in controversy exceeds $25,000.

Analysis

Apply the Rule to the Facts: Alleged failure to wash hands or wear gloves can violate the North Carolina medical standard of care. A qualified medical expert must connect that lapse to your persistent infection and explain how diabetes affects risk and healing (causation). Your ongoing infection and lack of resolution for almost a month support damages. Because North Carolina requires Rule 9(j) expert certification before filing, contacting counsel now helps secure records, obtain expert review, and protect the filing deadlines.

Process & Timing

1. Who files: You (through your attorney). Where: Superior Court in the North Carolina county where the care occurred or a defendant resides. What: Civil Complaint with Rule 9(j) certification and Civil Summons (AOC-CV-100). When: File before the statute of limitations expires (generally three years); if time is short, seek the Rule 9(j) 120-day extension before the deadline.
2. Service and early case steps: Serve defendants under North Carolina Rule 4; defendants answer; the court enters a scheduling order; discovery and depositions follow; most Superior Court cases go to a mediated settlement conference on the court’s timeline.
3. Resolution: The case may settle by agreement or proceed to trial for a verdict and judgment; if you settle, the agreement ends the case without trial.

Exceptions & Pitfalls

• Rule 9(j) trap: Filing without proper expert certification usually leads to dismissal; start expert review early.
• Discovery rule limits: The one-year discovery provision is narrow and still capped by the statute of repose.
• Res ipsa is rare: Only a few cases fit the exception where negligence is obvious without expert testimony.
• Wrong defendant or venue: Misnaming the provider or choosing the wrong county can delay the case; your attorney will verify proper parties and venue.
• Record delays: Medical records can take time; sign authorizations promptly so counsel can obtain them for expert review.
• Service/notice issues: Follow Rule 4 strictly to avoid challenges to service and timetable.

Talk to a Personal Injury Attorney

If you’re dealing with an infection after poor medical hygiene and need help evaluating a potential malpractice claim, our firm has experienced attorneys who can help you understand your options and timelines. 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.