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NC General Statutes

N.C. Gen. Stat. § 1-540.1 (2026)

Effect of release of original wrongdoer on liability of physicians and surgeons for malpractice

✓ current as of July 2026
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The compromise settlement or release of a cause of action against a person responsible for a personal injury to another shall not operate as a bar to an action by the injured party against a physician or surgeon or other professional practitioner treating such injury for the negligent treatment thereof, unless the express terms of the compromise, settlement or release agreement given by the injured party to the person responsible for the initial injury provide otherwise. (1961, c. 212.)

 

Notes of Decisions
Cited in 4 cases, 1965–1983 · leading case: Warren v. Canal Indus., Inc., 300 S.E.2d 557 (N.C. Ct. App. 1983).
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Warren v. Canal Indus., Inc., 300 S.E.2d 557 (N.C. Ct. App. 1983). · cites it 2× “Citing G.S. 1-540.1 and Simmons v. Wilder, 6 N.C.”
Galloway v. Lawrence, 139 S.E.2d 761 (N.C. 1965). · cites it 4× “The order striking the pleas in bar were based on G.S. 1-540.1. “The compromise, settlement, or release of a cause of action against a person responsible for a personal injury to another shall not operate as a bar to an action by the injured party against a physician or surgeon…”
Simmons v. Wilder, 169 S.E.2d 480 (N.C. Ct. App. 1969). · cites it 4× “In 1961 the North Carolina General Assembly enacted G.S. 1-540.1, which reads as follows: “The compromise settlement or release of a cause of action' against a person responsible for personal injury to another shall not operate as a bar to an action by the injured party against…”
Carver v. Carver, 286 S.E.2d 799 (N.C. Ct. App. 1982). · cites it 3× “Simmons involved an interpretation of G.S. 1-540.1 1 the dispositive question being whether the provisions of that statute should be construed to include actions for wrongful death.”
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