Tort Claims Rules of the
N.C. Industrial Commission

ARTICLE II. CLAIMS PROCEDURES

Rule T201
Rules of Civil Procedure

1. The Rules of Civil Procedure as provided in N.C. Gen. Stat. §1A-1 shall apply in Tort Claims before the Industrial Commission, to the extent that such Rules are not inconsistent with the Tort Claims Act. In the event of such inconsistency, the Tort Claims Act and these Rules shall control.
    

2. In medical malpractice cases filed by or on behalf of prison inmates where the plaintiff is alleging that a health care provider as defined in N.C. Gen. Stat. §90-21.11 failed to comply with the applicable standard of care under N.C. Gen. Stat. §90-21.12 and the defendant has filed a Motion to Dismiss the claim, all discovery is stayed until the following occurs:
    

   1. An informal recorded telephonic hearing or other similar method of informal hearing as determined appropriate by the Industrial Commission is held before a Deputy Commissioner for the purpose of determining
       

      1. whether a claim for medical malpractice has been stated;
          

      2. whether expert testimony is necessary for the plaintiff to prevail; and
          

      3. if expert testimony is deemed necessary, whether the plaintiff will be able to produce such testimony on the applicable standard of care.
          

   2. Upon receipt of a Motion to Dismiss and Request for Telephonic Hearing from the defendant, the Industrial Commission shall issue an order setting the motion on a hearing docket and the case will be assigned to a Deputy Commissioner. Thereafter, the parties shall have 30 days to submit medical records applicable to the claim to the Dockets Director or to the Deputy Commissioner before whom the case is set.
       

   3. If the defendant’s Motion to Dismiss is granted, an appeal lies to the Full Commission. If defendant’s Motion to Dismiss is denied, the case will proceed as any other Tort Claims case.

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