North Carolina § 90-178.8 Limit vicarious liability

North Carolina Statutes

§ 90-178.8 — Limit vicarious liability

North Carolina § 90-178.8

Ch. 90Medicine and Allied Occupations

Art. 10APractice of Midwifery

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Bluebook

N.C. Gen. Stat. § 90-178.8 (2026).

Text

(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.

(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 Chapt

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(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.
(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 General Statutes 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).)