Short Answer

In North Carolina, you prove this by showing: (1) the medical standard of care required hand hygiene and gloves, (2) the provider did not follow that standard, (3) that failure probably caused your infection, and (4) you suffered harm. This usually requires medical records, infection timing and test results, facility policies, and testimony from qualified medical witnesses. North Carolina also requires a pre-filing medical review and strict filing deadlines.

Understanding the Problem

You’re asking whether, under North Carolina law, you can prove that a doctor’s failure to wash hands and wear gloves caused your infection. This is a medical negligence question: can you show that the provider’s lapse more likely than not caused your infection and resulting complications? Here, one key fact is that you developed a persistent infection within a month after the doctor touched you without hand hygiene at a medical facility.

Apply the Law

North Carolina medical negligence law requires proof that a healthcare provider failed to meet the applicable standard of care in the same or similar communities, that this deviation caused your injury, and that you suffered damages. Courts look for qualified medical testimony to establish both the standard of care and causation. Lawsuits are filed in the Superior Court. Deadlines are strict: North Carolina has a general three-year limitation period for medical negligence, with a separate outer time limit that can apply; some exceptions may change timing, so get legal advice promptly.

Key Requirements

• Standard of care: Show what reasonably careful providers in the same or similar communities would do (e.g., hand hygiene and glove use for the exam or procedure performed).
• Breach: Prove the provider did not follow that standard (e.g., did not wash hands or wear gloves before touching you).
• Causation: Demonstrate the breach probably caused your infection (timing, cultures, source tracing, and ruling out other likely sources).
• Damages: Document harms (persistent infection, extra treatment, pain, time lost, complications—especially with diabetes).
• Pre-filing medical review: Before filing, North Carolina requires counsel to obtain a supportive review from a qualified medical professional and certify it in the complaint.
• Deadlines: File within the applicable North Carolina limitation period for medical negligence; do not assume internal complaints extend time.

What the Statutes Say

• North Carolina Gen. Stat. § 90-21.12 (Standard of health care) - Sets the community-based standard of care for medical providers.
• North Carolina Gen. Stat. § 1A-1, Rule 9(j) (Medical negligence pleading) - Requires a pre-filing medical review and certification in medical negligence complaints.
• North Carolina Gen. Stat. § 1-15(c) (Limitations for professional malpractice) - States the general three-year filing period and outer time limits; specific facts can affect timing.
• North Carolina Gen. Stat. § 8C-702 (Testimony by qualified witnesses) - Sets reliability requirements for technical or scientific testimony in court.

Analysis

Apply the Rule to the Facts: Standard of care: providers in North Carolina settings are expected to follow basic infection control, including hand hygiene and, when indicated, gloves. Breach: you report the doctor touched you without washing or gloves. Causation: a persistent infection within a month supports investigating the visit as a likely source; timing, cultures, and records can connect the lapse to your infection and rule out other sources. Damages: your ongoing infection and diabetes-related complications show harm.

Process & Timing

1. Who files: The patient. Where: Clerk of Superior Court, Civil Division, in the North Carolina county where the care occurred or the provider resides. What: A civil Complaint with a Civil Summons (AOC-CV-100) and the required Rule 9(j) certification. When: Generally within three years of the alleged negligent act; outer time limits and exceptions may apply, so start the review early.
2. Pre-suit review: Your attorney obtains and reviews all medical records, facility infection-control policies, provider notes, lab results/cultures, and EMR audit logs, and consults qualified medical professionals to evaluate standard of care and causation. This step can take weeks to a few months depending on record access.
3. After filing: Serve the provider, conduct discovery (documents, depositions), and, if needed, seek court orders for infection-control logs, hand hygiene compliance data, and witness testimony. The case may resolve by motion, settlement, or trial.

Exceptions & Pitfalls

• Pre-filing certification: Without the required medical review and certification, a medical negligence complaint can be dismissed.
• Records and data: Request and preserve medical records, culture results, and facility infection-control logs early; delays risk lost data.
• Internal complaints: Complaints to patient relations or risk management do not pause legal deadlines.
• Alternative sources: Defense may argue other infection sources; obtain timely cultures and document exposures to address this.
• Contributory negligence: North Carolina’s strict contributory negligence rule means not following discharge or wound-care instructions could be raised as a defense; keep proof you followed instructions.

Talk to a Personal Injury Attorney

If you’re dealing with a suspected healthcare-related infection after a provider skipped basic hand hygiene, our firm can help you understand your options, the proof needed, and your timelines. Call us today to discuss your situation.

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.