When a healthcare provider deviates from standard medical practice and these actions result in injury or death you can potentially recover compensatory, medical and punitive damages. There are no set circumstances that amount to a medical malpractice claim so you need an attorney to review your case. Medical malpractice attorneys represent you in arbitration, negotiations and in the courtroom. They find expert witnesses and investigate your case often on a contingency basis meaning you do not pay them unless you win.

If you think you have been the victim of medical malpractice you should consult with an attorney in the state of North Carolina . The burden of proof is on the claimant to prove that your medical provider did not follow the standard procedures thus causing you damage. You must prove that this mistake led to injury and that they did not meet their legal duty. Every doctor or other healthcare provider has a legal duty to treat a patient with a minimum standard of care. You must be able to prove that you have damages like physical impairment, wage loss, emotional trauma or you have no claim. The state of North Carolina has a statute of limitations for filing your case. Your attorney must file within three years of the date of the injury of within a year of the discovery of the injury. It is important to note that the courts will decide if you acted in a reasonable manner if the injury is discovered after the three-year statute of limitations is met. There is a cap on time even in these circumstances such as if you discover a foreign object ws left inside you in surgery you only have ten years from the day it happened. Punitive damages may be awarded if the circumstances warrant it but are capped at $250,000. There is no cap on the fee your attorney may charge so shop around for the most competent attorney with the most reasonable fees. If you were injured by a state hospital, the rules change. In all cases you will be forced to undergo arbitration but some exceptions can be made under the order of the judge. Contact your local Bar Association or research on the internet to find the attorney that best suits your needs and ask for a consultation so you can be sure to protect your rights. You will want to move quickly to ensure your case is filed in the appropriate time.

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