North Carolina § 90-21 - 11. Definitions.

§ 90-21. 11. Definitions.

The following definitions apply in this Article: Health care provider. - Without limitation, any of the following: 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. 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. 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. 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. Any paramedic, as defined in G.S. 131E-155(15a). Medical malpractice action. - Either of the following: 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. 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. History (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.) Cross References. - As to limitation of actions for malpractice, see G.S. 1-15 and G.S. 1-17 . As to liability insurance or self-insurance covering health-care practitioners employed by The University of North Carolina, see G.S. 116-219 through 116-222. Editor's Note. - Session Laws 2017-131, s. 2, made sub-subdivision (1)e., as added by Session Laws 2017-131, s. 1, effective July 20, 2017, and applicable to causes of action arising on or after that date. Effect of Amendments. - Session Laws 2011-400, s. 5, effective October 1, 2011, and applicable to causes of actions arising on or after that date, rewrote the section. Session Laws 2017-131, s. 1, added sub-subdivision (1)e. For effective date and applicability, see editor's note. Legal Periodicals. - For comment on the statutory standard of care for North Carolina health care providers, see 1 Campbell L. Rev. 11 (1979). For article discussing the North Carolina medical malpractice statute, see 62 N.C.L. Rev. 711 (1984). For note suggesting the need for a new tort of breach of confidence, in light of Watts v. Cumberland County Hospital System, 75 N.C. App. 1, 330 S.E.2d 242 (1985), see 8 Campbell L. Rev. 145 (1985). For note, "Wrongful Conception: North Carolina's Newest Prenatal Tort Claim - Jackson v. Bumgardner," see 65 N.C.L. Rev. 1077 (1987). For survey on the medical review committee privilege, see 67 N.C.L. Rev. 179 (1988). For note on medical malpractice and unwarranted operations, see 23 Wake Forest L. Rev. 825 (1988). For comment, "Compensating Post-Conception Prenatal Medical Malpractice While Respecting Life: A Recommendation to North Carolina Legislators," see 29 Campbell L. Rev. 761 (2007). For article, "Senate Bill 33 Grants Protection to Emergency Room Providers ... and Just About Everyone Else, Too," see 91 N.C.L. Rev. 720 (2013). For comment, "Setting the 'Bar' in North Carolina Medical Malpractice Litigation: Working with the Standard of Care that Everyone Loves to Hate," see 89 N.C.L. Rev. 234 (2010). For comment, "Two Tiers of Plaintiffs: How North Carolina's Tort Reform Efforts Discriminate Against Low-Income Plaintiffs,” see 96 N.C.L. Rev. 512 (2018).