GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 948

Short Title:  Obstet. Malpract. Claims/Time Limit.	(Public)
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Sponsors: Senator Kincaid.
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Referred to:  Constitution.
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April 19, 1989

A BILL TO BE ENTITLED
AN ACT TO SHORTEN THE STATUTE OF LIMITATIONS FOR OBSTETRICAL MALPRACTICE CLAIMS BROUGHT ON BEHALF OF MINORS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1-17 reads as rewritten:
"§ 1-17. Disabilities.
(a)	A person entitled to commence an action who is at the time the cause of action accrued either
(1)	Within the age of 18 years; or
(2)	Insane; or
(3)	Incompetent as defined in G.S. 35A-1101(7) or (8) may bring his action within the time herein limited, 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 same, when he must commence his action, or make his entry, within three years next after the removal of the disability, and at no time thereafter.
For those persons under a disability on January 1, 1976, as a result of being imprisoned on a criminal charge, or in execution under sentence for a criminal offense, the statute of limitations shall commence to run and no longer be tolled from January 1, 1976.
(b)	Notwithstanding the provisions of subsection (a) of this section, an action on behalf of a minor for malpractice arising out of the performance of or failure to perform professional services shall be commenced within the limitations of time specified in G.S. 1-15(c): Provided, that if said time limitations expire before such minor attains the full age of 19 years, the action may be brought before said minor attains the full age of 19 years.
(c)	Notwithstanding subsections (a) and (b) of this section, an action brought on behalf of a minor for malpractice arising out of the performance or failure to perform professional obstetrical services shall be commenced within the limitations of time specified in G.S. 1-15(c), except, if said time limitations expire before the minor attains the full age of nine years, the action may be brought before the minor attains the full age of nine years."
Sec. 2. This act shall become effective January 1, 1990, and shall apply to actions accruing on or after that date.