North Carolina General Statutes 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 N.C. Gen. Stat. 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 N.C. Gen. Stat., or an adult care home licensed under Chapter 131D of the N.C. Gen. Stat..
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 N.C. Gen. Stat., or an adult care home licensed under Chapter 131D of the N.C. Gen. Stat..
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 N.C. Gen. Stat., or an adult care home licensed under Chapter 131D of the N.C. Gen. Stat..
e. Any paramedic, as defined in N.C. Gen. Stat. § 131E-155(15a).
Terms Used In North Carolina General Statutes 90-21.11
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(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 N.C. Gen. Stat., or an adult care home licensed under Chapter 131D of the N.C. Gen. Stat. 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.)