North Carolina
Medical Malpractice Lawyer

Medical care providers have a responsibility to deliver quality care to their patients. When they fail to meet this standard, patients and their families can suffer tremendously. If you or a loved one has suffered harm due to a healthcare provider’s negligence, a North Carolina medical malpractice lawyer can provide the support you need to pursue fair compensation for your losses.

 TopDog Personal Injury Lawyers understands the difficulties you’re experiencing. Our nationwide network of experienced medical malpractice attorneys stands ready to assist you in obtaining the compensation you deserve for your injuries and losses. We encourage you to reach out to us for a free consultation with a medical malpractice attorney near you who can evaluate your case and guide you through the legal process.

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Your Guide to Medical Malpractice in North Carolina

James Helm, Personal Injury Lawyer

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider causes harm to a patient through their negligence or wrongdoing. This can include errors in diagnosis, treatment, aftercare, or health management. Not all negative medical outcomes constitute malpractice. However, when a provider’s actions fall below the accepted standard of care and cause injury, you may have grounds for a medical malpractice claim.

 

What Are the Common Causes of Medical Malpractice in NC?

Medical malpractice can take many forms in North Carolina. Some common causes include: 

  • Misdiagnosis or Delayed Diagnosis: Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, while delayed diagnosis happens when a correct diagnosis is made later than it should have been. 
  • Surgical Errors: These can include operating on the wrong body part, performing the wrong procedure, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding tissues or organs during surgery.
  • Medication Mistakes: Medication errors can involve prescribing the wrong drug, administering the wrong dosage, or failing to check for drug interactions. These mistakes can result in serious adverse reactions or failure to treat the underlying condition effectively.
  • Birth Injuries: Errors during pregnancy, labor, or delivery can lead to injuries to the mother or child. These might include failure to monitor fetal distress, improper use of delivery tools, or delayed C-section decisions.
  • Anesthesia Errors: Mistakes in administering anesthesia can have severe consequences, including brain damage, organ failure, or death. These errors may involve giving too much or too little anesthesia, failing to monitor the patient properly, or not accounting for the patient’s medical history.
  • Lack of Informed Consent: Healthcare providers must inform patients about the potential risks and benefits of proposed treatments or procedures. Failure to obtain proper informed consent before proceeding with treatment can be grounds for a malpractice claim.
  • Poor Follow-up or Inadequate Aftercare: Inadequate post-treatment care can lead to complications, infections, or failure to identify emerging problems. This might include premature discharge from the hospital, failure to provide proper instructions for home care, or neglecting to schedule necessary follow-up appointments.

 Each of these situations can lead to serious health complications, prolonged recovery times, and in some cases, permanent disability or death.

Medical Malpractice

How to Know If You Have a Valid Medical Malpractice Case in NC

To establish a valid medical malpractice case in North Carolina, your attorney must prove several elements: 

  1. A doctor-patient relationship existed
  2. The healthcare provider breached the standard of care
  3. This breach directly caused your injury
  4. You suffered damages as a result

 Medical negligence differs from medical errors in that negligence involves a failure to provide the standard of care that a reasonably competent healthcare provider would have provided under similar circumstances. A medical error, on the other hand, might be a mistake that doesn’t necessarily rise to the level of negligence if it was made despite the provider’s best efforts and adherence to standard practices.

What You Should Do After Suffering from Medical Malpractice

If you believe you’ve been a victim of medical malpractice:

  1. Seek immediate medical attention to address your health concerns
  2. Document everything related to your treatment and injury
  3. Obtain copies of your medical records
  4. Keep a journal of your symptoms and how the injury affects your daily life
  5. Avoid discussing your case on social media
  6. Contact a qualified medical malpractice attorney from TopDog Law’s network as soon as possible

How a North Carolina Med Mal Attorney Can Help You Recover Compensation

A knowledgeable medical malpractice attorney can: 

  1. Evaluate the strength of your case
  2. Gather and analyze medical evidence
  3. Consult with medical experts to support your claim
  4. Calculate the full extent of your damages
  5. Negotiate with insurance companies on your behalf
  6. Represent you in court if necessary

 An attorney’s goal is to help you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other losses resulting from the malpractice.

Personal Injury Lawyer

North Carolina Medical Malpractice Frequently Asked Questions

What is the statute of limitations for medical malpractice claims in North Carolina? 

In North Carolina, you generally have three years from the date of the negligent act or one year from when you discovered the injury (whichever is later) to file a medical malpractice lawsuit. However, the claim must be filed within four years of the negligent act, regardless of when it was discovered.

Does North Carolina have caps on medical malpractice damages?

Yes, North Carolina law caps non-economic damages (such as pain and suffering) at $500,000 in most medical malpractice cases. This cap is adjusted for inflation every three years. There is no cap on economic damages like medical bills and lost wages. 

Do I need an expert witness for my medical malpractice case?

 In most cases, yes. North Carolina law requires a qualified medical expert to review your case and testify that the healthcare provider’s actions fell below the standard of care before you can file a lawsuit.

 How does medical malpractice insurance work in North Carolina?

 Healthcare providers in North Carolina are required to carry medical malpractice insurance or demonstrate financial responsibility. This insurance typically covers the cost of defending against a malpractice claim and paying out any settlements or judgments. 

What if I signed a consent form before my procedure?

 Signing a consent form doesn’t necessarily prevent you from filing a malpractice claim. If the healthcare provider was negligent or failed to disclose all relevant risks, you may still have a valid case.

 

Connect With a Qualified NC Medical Malpractice Attorney

James Helm with Phone and Cash Bag

TopDog Law Personal Injury Lawyers

North Carolina Office

101 N Tryon St Suite C
Charlotte, NC 28246

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