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:
- Failure to diagnose a disease or medical condition
- Misdiagnosis of a disease or medical condition
- Medication error
- Surgical error or malpractice
- Anesthesia error
- Emergency room errors
- Pharmacy errors
- Ordering the wrong tests
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 or intentional.
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.