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HB 700

An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in general budget implementation, further providing for Department of Human Services.

2025-2026 Regular Session Introduced by Scott Barger and 15 co-sponsors

Temp revival of time-barred medical malpractice and wrongful-death claims for injuries after Mar 1, 2020, excluding direct COVID-19 cases; revival lasts one year after enactment.

Referred to Appropriations
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Bill Summary · HB 700

HB 700 — "The Patients' Restoration of Rights Act." (North Carolina)

Status: Introduced March 14, 2025; Passed 1st Reading (Apr 3, 2025)

Main purpose

To temporarily revive certain medical-malpractice and wrongful-death claims that would otherwise be time‑barred by North Carolina statutes of limitation, whenever the alleged injury or death occurred on or after March 1, 2020 — except where the injury or death was the direct result of the patient contracting COVID‑19.

Key provisions

  • Adds a new section to Article 1B of Chapter 90 (new G.S. 90‑21.19A) authorizing a patient or the patient’s personal representative to bring an action for death or injuries alleged to have resulted from medical malpractice that:
    • Arises out of a health‑care provider’s performance of (or failure to perform) professional services; and
    • Occurred on or after March 1, 2020; and
    • Was not the direct result of the patient contracting COVID‑19.
  • The provision revives civil actions that are otherwise time‑barred under G.S. 1‑15 or G.S. 1‑17 as those statutes existed immediately before enactment.
  • The revival is expressly temporary: G.S. 90‑21.19A (and the revival authority) expires one year after the act becomes law.
  • Applies “notwithstanding” Article 1L of Chapter 90 or any other law to the contrary (i.e., it supersedes conflict provisions to effect the revival during the specified period).

Who is affected

  • Plaintiffs: Patients or their personal representatives whose alleged malpractice injuries or deaths occurred on or after March 1, 2020 and whose claims were previously barred by the ordinary statute of limitations.
  • Defendants: Health‑care providers, health systems, and their insurers facing revived claims.
  • Courts: Potential increase in malpractice and wrongful‑death filings and associated procedural work.
  • Exclusions: Claims where the alleged injury or death was directly caused by contracting COVID‑19 are not covered.

Procedural / timeline notes

  • The revival covers claims with events on or after March 1, 2020.
  • The temporary revival window runs from March 1, 2020 through the date one year after the act becomes law (i.e., claim filing opportunity exists during that revival period).
  • The new statutory section sunsets one year after enactment.

Potential impacts (practical considerations)

  • Could allow filing of malpractice and wrongful‑death suits that had been time‑barred due to the passage of the usual limitations period.
  • Likely to increase litigation volume and insurer exposure in the short term; may prompt settlements, additional discovery and litigation costs.
  • By excluding injuries directly resulting from COVID‑19, the bill narrows the class of claims that can be revived.
  • Because the revival is temporary and limited retroactively to March 1, 2020, affected parties will need to act within the statute’s one‑year post‑enactment window.

Compiled from official sources — confirm details with the bill’s official record.

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