90-21.11. Definitions.
The following definitions apply in this Article:
(1) Health care provider. - Without limitation, any of the following:
a. A person who pursuant to the provisions of Chapter 90 of the General Statutes is licensed, or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, surgery, dentistry, pharmacy, optometry, midwifery, osteopathy, podiatry, chiropractic, radiology, nursing, physiotherapy, pathology, anesthesiology, anesthesia, laboratory analysis, rendering assistance to a physician, dental hygiene, psychiatry, or psychology.
b. 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.
c. Any other person who is legally responsible for the negligence of a person described by sub-subdivision a. of this subdivision, 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.
d. Any other person acting at the direction or under the supervision of a person described by sub-subdivision a. of this subdivision, 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.
e. Any paramedic, as defined in G.S. 131E-155(15a).
(2) 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. (1975, 2nd Sess., c. 977, s. 4; 1987, c. 859, s. 1; 1995, c. 509, s. 135.2(o); 2011-400, s. 5; 2017-131, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 1B - Medical Malpractice Actions.
§ 90-21.12 - Standard of health care.
§ 90-21.12A - Nonresident physicians.
§ 90-21.13 - Informed consent to health care treatment or procedure.
§ 90-21.14 - First aid or emergency treatment; liability limitation.
§ 90-21.15 - Emergency treatment using automated external defibrillator; immunity.
§ 90-21.15A - Emergency treatment using epinephrine auto-injector; immunity.
§ 90-21.16 - Volunteer health care professionals; liability limitation.
§ 90-21.17 - Portable do not resuscitate order and Medical Order for Scope of Treatment.
§ 90-21.18 - Medical directors; liability limitation.
§ 90-21.19 - Liability limit for noneconomic damages.
§ 90-21.19B - Verdicts and awards of damages in medical malpractice actions; form.