North Carolina General Statutes 90-178.8. Limit vicarious liability
(a) No physician or physician assistant, including the physician assistant’s employing or supervising physician, licensed under Article 1 of this Chapter or nurse licensed under Article 9A of this Chapter shall be held liable for any civil damages as a result of the medical care or treatment provided by the physician, physician assistant, or nurse when both of the following occur:
(1) The physician, physician assistant, or nurse is providing medical care or treatment to a woman or infant in an emergency situation.
Terms Used In North Carolina General Statutes 90-178.8
- 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) The emergency situation arises during the delivery or birth of the infant as a consequence of the care provided by a Certified Nurse Midwife approved under this Article who attends a planned birth outside of a hospital setting.
(b) No health care facility licensed under Chapter 122C or Chapter 131E of the N.C. Gen. Stat. shall be held liable for civil damages as a result of the medical care or treatment provided by the facility when both of the following occur:
(1) The facility is providing medical care or treatment to a woman or infant in an emergency situation.
(2) The emergency situation arises during the delivery or birth of the infant as a consequence of the care provided by a Certified Nurse Midwife approved under this Article who attends a planned birth outside of a hospital setting.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, health care providers and health care facilities shall remain liable for their own independent acts of negligence.
(d) Nothing in this section shall be construed to limit liability when the civil damages to this section are the result of gross negligence or willful or wanton misconduct. (2023-14, s. 4.3(h).)