N.C. R. Prac. Super. & Dist. Ct. 16

As amended through June 18, 2024

Rule 16 - MEDICAL MALPRACTICE ACTIONS

16.1 Policy for the Assignment of Judges

This rule shall apply to medical malpractice actions as defined by NCGS 90-21.11(2) as follows:

Medical malpractice action. - Either of the following:

a. A civil action for damages for personal injury or death arising out of the furnishing or failure to furnish professional services in the performance of medical, dental, or other health care by a health care provider.

b. A civil action against a hospital, a nursing home licensed under Chapter 131E of the General Statutes, or an adult care home licensed under Chapter 131D of the General Statutes for damages for personal injury or death, when the civil action (i) alleges a breach of administrative or corporate duties to the patient, including, but not limited to, allegations of negligent credentialing or negligent monitoring and supervision and (ii) arises from the same facts or circumstances as a claim under sub-subdivision a. of this subdivision.

The authority to designate a Superior Court Judge to preside over a medical malpractice action is set forth in NCGS 7A-47.3(e) as follows:

The Senior Resident Superior Court Judge, in consultation with the parties to the case, shall designate a specific resident judge or a specific judge assigned to hold court in the district to preside over all proceedings that occur 150 days after the case was filed in cases subject to NCGS 90-21.11(2).

The parties to a medical malpractice action shall complete a Medical Malpractice Case Notification and Consultation form in its entirety. See Appendix 5. All of the requested information is required. The parties are encouraged to consult with one another and submit the information jointly. However, if the parties are unable to agree, they may submit their own forms. The form shall be filed with the appropriate Clerk of Superior Court within 5 days upon the filing of all responsive pleadings or a motion requiring a determination by a Superior Court Judge, whichever occurs first. The parties shall email the completed form to the Court Manager at the address listed on the form on the same day that it is filed. Failure to comply with this local rule, absent good cause, shall constitute a waiver of any objections to selected trial dates and judges. The form serves as notification to and consultation with the Senior Resident Superior Court Judge.

The parties may suggest two judges each, or jointly, to be assigned to the case. The designated judge shall preside over all matters in the case from 150 days from filing until it is finished. Any regular, special or emergency Superior Court Judge may be suggested. The parties shall consult with the suggested judges to determine their availability. The Senior Resident Superior Court Judge may consider, but shall not be bound by, the judges suggested by the parties.

16.2 Medical Malpractice Discovery Conference

The Court Manager shall notify the parties of the judge assigned to the case and the date of the discovery conference. The discovery conference may be held remotely in the discretion of the designated judge. At the conclusion of the conference the judge shall enter a Discovery Scheduling Order (DSO) which addresses the issues raised by North Carolina Rules of Civil Procedure 16 and 26(f1) which shall include at a minimum:

1. The date by which the Plaintiff shall identify expert witnesses who may be called to testify at trial;

2. The dates that Plaintiff's experts will be available for depositions;

3. The date by which the Defendant shall identify expert witnesses who may be called to testify at trial;

4. The dates that Defendant's experts will be available for depositions;

5. Whether subpoenas are necessary for the deposition or trial testimony of expert witnesses;

6. Other discovery deadlines;

7. Dispositive motion deadlines;

8. A mediation deadline;

9. A tentative trial date. (The Senior Resident Superior Court Judge in Judicial District 20A must authorize a peremptory trial setting.)

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 16

Adopted May 30, 2023, effective 5/30/2023.