North Carolina Medical Malpractice Lawyer

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When a health care provider deviates from standard medical practice and these actions result in injury or death, you can potentially recover compensation and punitive damages from the person or hospital responsible. There are no set circumstances that amount to a medical malpractice claim, so you need an attorney to review and defend 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, which means you have no financial obligation to them them unless your case is won.

Medical malpractice law is a form of tort law designed to offer a remedy to patients who suffer an injury due to the negligent actions of by a health care provider, which deviates from accepted standards of practice in the medical community. Medical malpractice is professional negligence (by a health care provider) that causes an injury. Examples of medical malpractice include:

Misdiagnoses of, or failure to diagnose, a disease or medical condition;
Failure to provide appropriate treatment for a medical condition;
Unreasonable delay in treating a diagnosed medical condition;

An injured patient can bring a medical malpractice action against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded firms working for the doctor or hospital. Even within the specialized practice of medical malpractice law, some lawyers have sub-specialties of practice, for example focusing on surgical errors, misdiagnoses, or birth trauma cases.

If you think you have been the victim of medical malpractice, you should consult with an attorney in North Carolina. The burden of proof is on the claimant to prove that the 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 health care 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, or statue of limitations, giving wronged patients a certain time period in which they have to file a lawsuit. For example, if you discover a foreign object was left inside you during surgery, you have a maximum of ten years from the day of discovery. 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 it is in your best interest to hire 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.


Legal•Info State Medical Malpractice Information

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