Medical Malpractice Lawyers Serving Injured Patients in North Carolina
Medical malpractice is a type of personal injury law that allows injured plaintiffs to hold healthcare providers responsible for harms that result from medical errors or mistakes, or intentionally harmful conduct.
When a healthcare provider makes a mistake or fails to live up to the standards of care set by the American Medical Association and by other similar healthcare providers in the same field and geographic area, that healthcare provider may be held responsible in a medical malpractice claim.
Medical malpractice is also known as medical negligence, since these claims often result from a healthcare provider’s negligence.
The dedicated medical malpractice lawyers in NC at Dawson & Albritton, P.A. can speak with you today about your options for filing a claim for compensation.
Elements of a North Carolina Medical Malpractice Claim
When an injured patient files a medical malpractice claim, she or he will need to be able to prove specific elements in order to be eligible to receive compensation. Generally speaking, a medical malpractice claim has required elements that include the following:
- First, the healthcare provider owed a duty of care to the patient, which includes an obligation to provide careful medical care;
- Second, the healthcare provider breached the duty of care when she or he did not live up to the obligation to provide careful medical care (which may have been the result of a mistake);
- Third, the patient suffered injuries; and
- Fourth, the patient’s injuries were proximately caused by the healthcare provider’s breach of the duty of care.
Common Forms of Medical Malpractice in NC
Medical malpractice in NC can take many different forms, and different healthcare providers may be responsible for medical mistakes. In numerous cases, injured patients can file a claim against more than one liable party.
For example, a patient may be able to file a medical malpractice lawsuit against a hospital and a surgeon, or a patient may be able to sue a doctor, a nurse, a laboratory, and a pharmacist. The defendant in a medical malpractice claim depends upon the specific type of injury.
Common forms of medical malpractice in North Carolina include but are not limited to:
- Delayed diagnosis, or failure to delay an illness in a timely manner;
- Misdiagnosis, or incorrectly diagnosing a patient’s illness or injury;
- Doctor writing the wrong prescription (wrong drug);
- Doctor writing a prescription for the wrong dosage of a medication;
- Pharmacist filling the wrong prescription (wrong drug);
- Pharmacist filling the prescription at the incorrect dosage;
- Doctor failing to adequately take into account a patient’s health history before performing a procedure or prescribing a particular medication;
- Surgeon accidentally leaving a foreign object, like a sponge or a towel, inside a patient during surgery;
- Surgeon performing surgery on the wrong body part (wrong-site surgery);
- Surgeon performing surgery on the wrong patient;
- Anesthesiologist providing too much anesthesia to a patient;
- Anesthesiologist using defective medical equipment;
- Birth-related injuries;
- Nurse providing improper care;
- Hospital employing a healthcare provider with a known history of substandard care;
- Laboratory providing incorrect test results; and/or
- Dental errors, including unnecessary dental procedures or causing nerve damage during routine dental care.
Statute of Limitations for Bringing a Medical Malpractice Lawsuit
Most medical malpractice claims must be filed within three years from the date of the patient’s injury (N.C. Gen. Stat. § 1-15). However, there are some types of medical errors that are not discovered until months or even years after the initial harm occurred. For instance, a delayed diagnosis or misdiagnosis may not present itself as a serious harm until a year later when the patient becomes seriously ill.
In cases where the patient could not have discovered the injury immediately, she may have two years from the date of discovering the injury to file a claim. Regardless, the claim must be brought within four years from the date of the initial negligent act.
In medical malpractice claims where an object was accidentally left inside a patient’s body during surgery—such as a sponge or a towel—the patient must file a claim within one year from the date of discovering the injury but may have up to ten years from the date of the initial harm to file a lawsuit.
How Can a Medical Malpractice Lawyer Help?
We can help you to file a medical malpractice lawsuit today. In some cases, we are able to obtain a reasonable settlement for injured plaintiffs. If the other side will not settle, we are ready to take your case to trial. We will fight for your right to compensation.
Our firm has a history of winning favorable medical malpractice settlements for our clients, including but not limited to:
- $2.24 million settlement for failure to diagnose a spinal epidural abscess that resulted in a patient’s paralysis;
- $770,869 settlement for a patient who had to undergo a permanent tracheostomy due to a negligent intubation;
- $567,500 settlement for failure to conduct screening tests for prostate cancer in a patient;
- $335,000 settlement for a bladder injury that resulted from a robotic hysterectomy;
- $265,000 settlement for a patient whose intestine was pierced while she underwent a procedure to remove ovarian cysts;
- $250,000 settlement for failure to diagnose lung cancer;
- $225,000 settlement for a pregnant patient’s death due to pre-eclampsia and high blood pressure; and
- $175,000 settlement for a dehydration case involving an infant who suffered fatal injuries from dehydration after visiting a pediatrician’s office.
Client Testimonials for NC Medical Malpractice Lawyers
We have a winning history with our clients, and they trust us to handle their personal injury claims. According to Kelly Kettler, a personal injury client:
Darren Dawson “did a great job explaining the process for filing claims” and had “a great staff” that provided necessary assistance throughout the complex claims process.” As Kelly Kettler underscored, “Long story short, I got the compensation I deserved and this team made it as painless as possible.”
Get in Touch with a North Carolina Medical Malpractice Attorney
Patients should not have to pay the price for a healthcare provider’s negligence. An aggressive NC medical malpractice attorney can assist with your claim. Contact Dawson & Albritton, P.A. to learn more about the services we provide to injured patients in North Carolina.