House Bill 700, titled the Patients' Restoration of Rights Act, creates a temporary pathway for certain patients or their personal representatives to file medical malpractice and wrongful death claims that would otherwise be barred by the statute of limitations. The bill applies only to alleged injuries or deaths arising on or after March 1, 2020, and only if the injury or death was not the direct result of the patient contracting COVID-19. It authorizes these claims to be brought in court even if they would otherwise be time-barred under existing North Carolina law.
The bill also revives, for a limited period, civil actions for wrongful death, medical malpractice, and other appropriate civil actions that were otherwise barred under prior limitation statutes. This revival period runs from March 1, 2020, until one year after the act becomes law, and the new section itself expires one year after enactment. In effect, HB700 is a retroactive, time-limited reopening of the courthouse for certain health care-related injury and death claims from the pandemic era.
HB700 would amend Chapter 90 of the North Carolina General Statutes by adding a new section to Article 1B governing medical malpractice claims and by temporarily overriding existing limitation provisions in Chapter 1 and Article 1L of Chapter 90. It would allow otherwise expired claims to be filed for a one-year window after enactment, affecting health care providers, patients, estates, and personal representatives. The bill would also create a temporary exception to ordinary repose and limitations rules for qualifying claims arising on or after March 1, 2020.
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the overall sentiment appears to be supportive of expanding access to legal remedies for patients and families who may have been unable to file claims during the relevant period. The bill’s title and structure suggest a remedial purpose focused on restoring rights rather than imposing new regulatory burdens. No recorded opposition or amendment debate is available in the provided context.
The main point of contention is likely the bill’s retroactive revival of claims that were already time-barred, which can raise fairness, finality, and liability concerns for health care providers and insurers. Another likely issue is the scope of the exception: the bill covers injuries and deaths arising on or after March 1, 2020, but excludes deaths or injuries directly caused by COVID-19 itself, which may prompt questions about line-drawing and proof. Supporters would likely emphasize access to justice for patients affected during the pandemic period, while opponents may focus on reopened exposure to litigation and uncertainty for providers.