Asheville Medical Malpractice Lawyers
Filing a North Carolina Medical Malpractice Lawsuit
Are you suffering from an injury, illness, or debilitating condition due
to negligent or substandard medical care or treatment? If so, you may
have grounds to file a medical malpractice lawsuit.
Contact Lanier Law Group, P.A. today for a free consultation of your case - 828-373-1945.
What is Medical Malpractice?
Doctors, physicians, and all other healthcare professionals commit medical
malpractice when they cause injury, harm, or death to a patient because
they failed to provide the same standard of care that another medical
professional would provide.
There are many different forms of medical malpractice, some of which include:
How to Prove Medical Malpractice Occured
The real key to any successful medical malpractice claim is being thorough
every step of the way. You should have a great deal of evidence to support
your claim so that you can prove several elements in your case.
You had an established doctor/patient relationship. You must be able to prove the doctor in question was treating you, which
should be relatively easy to show. Any time a doctor prescribes medication,
provides a treatment or conducts an examination, there is an established
doctor/patient relationship. There doesn’t need to be any written
contract, as long as the doctor provided you with medical care. Usually,
medical bills or records are enough to prove this relationship took place.
The doctor clearly made a mistake. Doctors are expected to provide care that is “reasonably competent.”
A physician is considered to be negligent when he or she fails to provide
a standard of care other competent doctors would provide under the same
circumstances. The burden of proof is on the patient to prove exactly
what kind of care other competent doctors would provide. A strong, “winnable”
malpractice case involves obvious negligence on the part of the doctor.
The doctor’s mistake clearly harmed you in some way. This type of harm may include physical pain and suffering, costly medical
bills, a loss of wages or earning capacity and a loss of the enjoyment
of life. The greater the harm, the greater the strength and value of your
malpractice claim will be.
Are There Caps on Medical Malpractice Damages in North Carolina?
There are certain damage caps for medical malpractice cases in North Carolina
that could affect the amount of compensation you receive in your case.
Those limits specifically affect non-economic damages, such as the loss
of enjoyment of life or pain and suffering.
In 2011, a state law set those damage caps at $500,000, but as of 2014
that number is adjusted up for inflation every year. However, this does
not apply to cases in which the patient suffered disfigurement or permanent
injury and when the conduct of the defendant was clearly reckless, negligent
There are no damage caps for economic damages, such as medical expenses,
rehabilitation costs and more. However, if damages are greater than $150,000
you will need to go through multiple trials — one for damages, the
other for liability.
Contact a Skilled Medical Malpractice Lawyer from Our Firm!
If you think you may have a valid medical malpractice claim, you should
contact Lanier Law Group for experienced representation. A skilled Asheville
medical malpractice attorney at our office can provide you with the trusted
advice and guidance you need to pursue a medical malpractice lawsuit against
the doctors, nurses, or hospital responsible for your injuries or condition.
To schedule a free consultation with an attorney at our office, please
contact Lanier Law Group, P.A. today by calling
855-757-4204, or you can simply click here to fill out a free case evaluation form.