## How the limitation period applies

The controlling primary authority for US-NC medical malpractice SOL (N.C. Gen. Stat. § 1-15(c)) is **N.C. Gen. Stat. § 1-15(c)**.

> **N.C. Gen. Stat. § 1-15(c).** Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [N.C. Gen. Stat. § 1-15(c) — N.C. Gen. Stat. § 1-15(c)](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-15.html)

All sources are official primary law published by `www.ncleg.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in North Carolina — backed by real statute citations.

Statute of limitations for medical malpractice in North Carolina

Wave-12 surgery corrected 5 fabrications: (1) top-level breach_of_contract was 2yr, real § 1-52(1) is 3yr; (2) top-level raw_statute_text reflected the same 2yr error and was rewritten; (3) sub_rules[0] previously cited § 1-53 for disability tolling — § 1-53 is the 2-yr bucket (wrongful death sub (4); usury sub (3)) and disability tolling actually lives in § 1-17; (4) sub_rules[1] previously cited § 1-54 as a 3-yr contract catchall — § 1-54 is the 1-yr bucket (libel/slander sub (3), penalties, deficiency judgments); (5) related raw text aligned with the §1-54 mischaracterization. 17 other claim entries verified clean. Re-verified 2026-04-25 against ncleg.gov primary text for §§ 1-52, 1-53, 1-54, 1-17, 1-15(c), 25-2-725. ANO-831 deepening 2026-04-27: populated each top-level claim_types entry with verbatim raw_statute_text + source_url + verification block; aligned _ano_710_research.claim_types with same verbatim text. Confirmed product_liability 12-yr repose verbatim from § 1-46.1; confirmed government_tort_claim verbatim from § 143-299 (3-yr general / 2-yr wrongful death). No new fabrications detected — periods, citations, and statute selections were already correct from Wave-12.

Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1).

For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

All claims against any and all State departments, institutions, and agencies shall henceforth be forever barred unless a claim be filed with the Industrial Commission within three years after the accrual of such claim, and the right to file such claim is hereby expressly conditioned upon the claim's being filed in strict accordance with this provision; and if death results from the accident, the claim for wrongful death shall be forever barred unless a claim be filed by the personal representative of the deceased with the Industrial Commission within two years after such death.

Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action.

Within one year an action or proceeding -- ... (3) For libel and slander.

Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action.

Unless otherwise provided by law, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.

For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Actions for damages on account of the death of a person caused by the wrongful act, neglect or fault of another under G.S. 28A-18-2; the cause of action shall not accrue until the date of death.

Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1).

Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1). (1a) Upon the official bond of a public officer. (2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it. (3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter. (4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery. (5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated, except as provided by G.S. 1-17(d) and (e).

Three years. Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1). (1a) Upon the official bond of a public officer. (2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it. (3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter. (4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery. (5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated, except as provided by G.S. 1-17(d) and (e).

Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action... Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action.

Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.

Within three years an action -

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1).

(1a) Upon the official bond of a public officer.

(2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it.

(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

(4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

(5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated, except as provided by G.S. 1-17(d) and (e).

(6) Against the sureties of any executor, administrator, collector or guardian on the official bond of their principal; within three years after the breach thereof complained of.

(7) Against bail; within three years after judgment against the principal; but bail may discharge himself by a surrender of the principal, at any time before final judgment against the bail.

(8) For fees due to a clerk, sheriff or other officer, by the judgment of a court; within three years from the entry of the judgment, or the issuing of the last execution thereon.

(9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(10) Repealed by Session Laws 1977, c. 886, s. 1.

(11) For the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, said act being an act of Congress.

(12) Upon a claim for loss covered by an insurance policy that is subject to the three-year limitation contained in G.S. 58-44-16.

(13) Against a public officer, for a trespass, under color of his office.

(14) An action under Chapter 75B of the General Statutes, the action in regard to a continuing violation accrues at the time of the latest violation.

(15) For the recovery of taxes paid as provided in G.S. 105-381 or for the recovery of an unlawful fee, charge, or exaction collected by a county, municipality, or other unit of local government for water or sewer service or water and sewer service.

(16) Unless otherwise provided by law, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Except as provided in G.S. 130A-26.3 or G.S. 1-17(d) and (e), no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.

(17) Against a public utility, electric or telephone membership corporation, or a municipality for damages or for compensation for right-of-way or use of any lands for a utility service line or lines to serve one or more customers or members unless an inverse condemnation action or proceeding is commenced within three years after the utility service line has been constructed or by October 1, 1984, whichever is later.

(18) Against any professional land surveyor as defined in G.S. 89C-3(9) or any person acting under the surveyor's supervision and control for physical damage or economic or monetary loss due to negligence or a deficiency in the performance of surveying or platting. A cause of action for physical damage under this subdivision shall be deemed to accrue at the time of the occurrence of the physical damage giving rise to the cause of action. All actions under this subdivision shall commence within seven years from the specific last act or omission of the professional land surveyor or any person acting under the surveyor's supervision and control giving rise to the cause of action. For purposes of this subdivision, "surveying and platting" means boundary surveys, topographical surveys, surveys of property lines, and any other measurement or surveying of real property and the consequent graphic representation thereof.

(19) For assault, battery, or false imprisonment, except as provided by G.S. 1-17(d) and (e). Notwithstanding this subdivision, a plaintiff may file a civil action within two years of the date of a criminal conviction for a related felony sexual offense against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age.

(20) Upon a liability for a civil penalty, civil assessment, or civil fine imposed pursuant to Chapter 20 of the General Statutes.

Within one year an action or proceeding -
(1) Repealed by Session Laws 1975, c. 252, s. 5.
(2) Upon a statute, for a penalty or forfeiture, where the action is given to the State alone, or in whole or in part to the party aggrieved, or to a common informer, except where the statute imposing it prescribes a different limitation.
(3) For libel and slander.

Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1). (1a) Upon the official bond of a public officer. (2) Upon a liability created by statute, either state or federal, unless some other time is mentioned in the statute creating it. (3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter. (4) For taking, detaining, converting or injuring any goods or chattels, including action for their specific recovery.

A civil action under this section shall be commenced by an employee within 90 days of the date upon which the right-to-sue letter was issued or by the Commissioner within 90 days of the date on which the Commissioner notifies the parties in writing that conciliation efforts have failed.

Within three years an action -- (1) Upon a contract, obligation or liability arising out of a contract, express or implied... (3) For trespass upon real property... (4) For taking, detaining, converting or injuring any goods or chattels... (5) For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated... (9) For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake... (16) Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action... shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.

Per § 1-52, an action 'for criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated' (subdivision (5)) must be brought within three years; for personal injury, accrual is deferred under subdivision (16) until bodily harm becomes apparent or ought reasonably to have become apparent, subject to a 10-year repose from the defendant's last act or omission, except as provided in G.S. 130A-26.3 or G.S. 1-17(d) and (e).

Under N.C. Gen. Stat. § 1-54(3), an action for libel or slander must be commenced within one year.

Statute of limitations for personal injury in US-NC is 3 years under N.C. Gen. Stat. § 1-52(5) (general personal injury / negligence), with accrual under § 1-52(16) and exceptions under G.S. 1-17(d), (e).

Statute of limitations for wrongful death in US-NC is 2 years under N.C. Gen. Stat. § 1-53(4).

Statute of limitations for medical malpractice in US-NC is 3 years under N.C. Gen. Stat. § 1-15(c).

Statute of limitations for legal malpractice in US-NC is 3 years under N.C. Gen. Stat. § 1-15(c).

Statute of limitations for product liability in US-NC is 3 years under N.C. Gen. Stat. § 1-52(16).

Statute of limitations for premises liability in US-NC is 3 years under N.C. Gen. Stat. § 1-52(16).

Statute of limitations for breach written contract in US-NC is 3 years under N.C. Gen. Stat. § 1-52(1).

Statute of limitations for breach oral contract in US-NC is 3 years under N.C. Gen. Stat. § 1-52(1).

Statute of limitations for ucc sale of goods in US-NC is 4 years under N.C. Gen. Stat. § 25-2-725.

Statute of limitations for fraud in US-NC is 3 years under N.C. Gen. Stat. § 1-52(9).

Statute of limitations for libel in US-NC is 1 years under N.C. Gen. Stat. § 1-54(3).

Statute of limitations for slander in US-NC is 1 years under N.C. Gen. Stat. § 1-54(3).

Statute of limitations for property damage in US-NC is 3 years under N.C. Gen. Stat. § 1-52(4).

Statute of limitations for trespass in US-NC is 3 years under N.C. Gen. Stat. § 1-52(3).

Statute of limitations for government tort claim in US-NC is 3 years under N.C. Gen. Stat. § 143-299.

Statute of limitations for whistleblower retaliation in US-NC is 90 days under N.C.G.S. § 95-243(b).

Actions on an oral contract must be brought within 3 years of accrual under N.C. Gen. Stat. § 1-52(1).

Oral contract claims in North Carolina have a 3-year SOL under N.C. Gen. Stat. § 1-52(1).

Invasion of privacy is a non-contract injury to the person or rights of another; under N.C. Gen. Stat. § 1-52(5), such an action must be commenced within three years of accrual.

Under N.C. Gen. Stat. § 1-52(4), an action for taking, detaining, converting or injuring any goods or chattels, including an action for their specific recovery, must be commenced within three years.

Under N.C. Gen. Stat. § 1-52(5), an action for any injury to the person or rights of another not arising on contract and not otherwise enumerated must be commenced within three years; assault and battery are intentional torts injuring the person and are governed by this three-year period.

North Carolina libel/written defamation claims must be brought within 1 year of accrual under N.C. Gen. Stat. § 1-54(3).

Under N.C. Gen. Stat. § 1-17(d), a plaintiff may file a civil action for claims related to sexual abuse suffered while the plaintiff was under 18 years of age until the plaintiff attains 28 years of age — notwithstanding the general personal-injury and disability limitation periods.

An action on an account stated or open account in North Carolina is an action upon a contract, obligation or liability arising out of a contract and must be commenced within three years under N.C. Gen. Stat. § 1-52(1).

A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed. A person is under a disability if the person meets one or more of the following conditions: (1) The person is within the age of 18 years. (2) The person is insane. (3) The person is incompetent...

A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed, except in an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents and services out of the real property, when the person must commence his or her action, or make the entry, within three years next after the removal of the disability, and at no time thereafter.