Medical professionals and healthcare providers owe a significant level of care to their patients to uphold high standards when it comes to examinations, treatments, medication, and other care. Those that fail to meet this standard can be held accountable through medical malpractice claims. If you’ve suffered an injury as the result of doctor negligence, it is important to work with a North Carolina medical malpractice attorney as soon as possible.
An experienced medical malpractice attorney, like those at the Tatum Law Firm, PLLC, can assess the details of your case, and help you evaluate the worth of your claim. Our team has over 20 years of experience helping clients recover maximum compensation and is prepared to see how we can help you.
Medical malpractice occurs when a doctor, nurse, or other healthcare personnel fails to provide the required care that is expected of them, ultimately causing their patients harm. A key determination in identifying malpractice is whether another competent and prudent healthcare provider in the same scenario would have acted similarly. If another competent healthcare professional would not act in the same way given the circumstances, it is most likely medical malpractice.
For example, a healthcare provider may:
These are some of the more common examples of medical malpractice, but there are many more potential scenarios in which a medical professional could be guilty of malpractice.
In order to bring a valid medical malpractice claim, North Carolina requires claimants to provide the following:
A: In medical malpractice cases, North Carolina places a cap of $656,730 for any non-economic damages, including pain and suffering. However, there is no cap on economic damages, which includes medical expenses, lost wages, and the cost of ongoing care. There are exceptions to this cap, as in cases of permanent injury, severe disfigurement, or acts of gross negligence. If a healthcare professional is found to have acted recklessly, additional compensation may be awarded.
A: In North Carolina, there is a three-year statute of limitations for medical malpractice, starting from the date of the injury. However, if the injury was not immediately apparent, you may still be able to file a claim as long as you are within four years of the cause of the injury. The tatute of limitations is two years in cases of wrongful death. Generally, you should contact a malpractice lawyer as soon as possible if you believe you were harmed by negligence.
A: North Carolina allows individuals to legally bring a claim against a doctor or other healthcare provider if they believe malpractice was involved. To prove malpractice, they must establish both a duty of care and the ways in which that duty was breached. North Carolina also requires testimony from a qualified medical professional with similar certification and background to review the medical records to verify that the standard of care expected was not met.
A: Negligence is a broad legal term that refers to the failure of an individual to exercise the same level of care that another competent or prudent individual would exercise in the same situation. Malpractice specifically refers to professional negligence, which involves an individual, such as a healthcare provider, failing to provide the level of care expected in their profession. For malpractice to occur, the victim must have experienced some form of harm.
Victims of medical malpractice often see their lives change forever. For this reason, it is important to hold healthcare providers responsible for any negligence that causes further injury to their patients.
If you’ve suffered harm from improper or irresponsible care from a doctor, nurse, or other healthcare professional, it is vital you work with a member of our team at the Tatum Law Firm, PLLC. Our attorneys can help you recover fair and just compensation so you can begin a full recovery as soon as possible. Contact our office today for more details.