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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 Occurred

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 Attorney in Asheville

If you think you may have a valid medical malpractice claim, you should contact Lanier Law Group, P.A. 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.

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Excellent Ratings

Heavyweight Impact

$200,000

Medical Malpractice – Birth Injury (Wrongful Death)

Our pregnant client endured a prolonged, difficult labor at a local hospital. The OB/GYN delayed calling a C-section, and the baby did not survive, leading to a $200,000 recovery.

$250,000

Medical Malpractice – OB Labor And Delivery Negligence (Wrongful Death)

Our client labored more than 50 hours while her baby showed signs of distress. A delayed C-section led to the baby’s death despite resuscitation efforts, and we obtained a $250,000 settlement.

$255,000

Medical Malpractice – OB Labor And Delivery Negligence (Wrongful Death)

A pregnant client presented with contractions and fetal heart rate concerns, but the physician continued labor instead of performing a timely C-section. Her baby was born unresponsive and could not be resuscitated, resulting in a $255,000 recovery without filing suit.

$725,000

Birth Injury – Developmental Delays After Difficult Delivery

Teenage mother with limited prenatal care endured a difficult vacuum-assisted delivery with cord complications; the baby later developed significant developmental delays, and settlement funds were placed into a special-needs trust.

$900,000

Medical Malpractice – Child Overdose Death

Doctor prescribed a powerful medication at roughly nine times the recommended pediatric dosage for a six-year-old with bed-wetting issues; the child suffered a fatal cardiac arrest at school.

$900,000

Medication Error – Fatal Pediatric Overdose

Child psychologist prescribed a lethal overdose of medication to a five-year-old, leading to fatal complications; we resolved the claim for a substantial settlement.

$100,000

Auto Accident – Passenger In Defendant’s Vehicle

A backseat passenger was injured when the driver sped in poor weather, left the roadway, and hit a utility pole. Ten days earlier she had undergone a double mastectomy, and the crash injured her surgical sites and fractured her clavicle. We located all available insurance and recovered $100,000.

$100,000

Auto Accident – Multi-Car Pileup

Our client, a backseat passenger with significant pre-existing back issues, was hurt when a driver failed to reduce speed and caused a chain-reaction rear-end collision. Despite limited medical causation opinions, we recovered $100,000 in available coverage.

$220,000

Auto Accident – Failure To Yield Right Of Way

A driver ran a stop sign and struck our client’s vehicle on the passenger side, causing a shoulder injury that required surgery. We obtained $220,000 by recovering all applicable insurance coverage.

$100,000

Auto Accident – Passenger In Stop-Sign Violation

Our client was a passenger in the at-fault vehicle when the driver failed to stop at a stop sign and T-boned another car. She suffered a pelvic fracture and other injuries, and we recovered $100,000 in available coverage.

$120,000

Auto Accident – Left-Turn Sideswipe

While making a left turn, an at-fault driver sideswiped our client’s vehicle, causing chest wall and shoulder injuries, including tears that required surgery. We recovered $120,000 in coverage.

$100,000

Auto Accident – Head-On Collision

A driver crossed the center line on SR1002 and hit our client’s vehicle head-on, causing a pneumothorax and spinal fractures. A coverage investigation allowed us to recover $100,000 in available insurance.

$1.8 Million

T-Bone Collision – Wrongful Death

A box truck ran a red light and t-boned our client’s car, killing her at the scene; we pursued a wrongful death recovery.

$350,000

High-Speed T-Bone Collision – Teen Passenger Death

Estate of an 18-year-old passenger recovered after a driver fleeing state troopers at high speed crossed the center line and struck the vehicle during a left turn, causing fatal injuries.

$1 Million

Wrongful Death – Centerline Crossing Crash

Client was driving when an at-fault driver crossed the center line, forced the vehicle off the road, and caused a fatal rollover; we recovered all available insurance coverage for the estate.

$650,000

Pedestrian Death – Commercial Vehicle Left Roadway

A commercial vehicle left the roadway and struck our 67-year-old client while she checked her mail; she was found deceased near a drainage ditch, and we overcame contributory-negligence arguments.

$250,000

Pedestrian Killed By Hit-And-Run Driver

Client walking in the roadway was hit and killed by a driver who fled the scene; we pursued punitive damages and obtained policy limits under all available coverages.

$200,000

Medical Malpractice – Birth Injury (Wrongful Death)

Our pregnant client endured a prolonged, difficult labor at a local hospital. The OB/GYN delayed calling a C-section, and the baby did not survive, leading to a $200,000 recovery.

$200,000

Medical Malpractice – Prescription Error

After a car crash, an elderly client was prescribed an excessive dose of Baclofen in the ER. She took the medication as directed, was later found unresponsive, and we recovered $200,000 through litigation.

$250,000

Medical Malpractice – OB Labor And Delivery Negligence (Wrongful Death)

Our client labored more than 50 hours while her baby showed signs of distress. A delayed C-section led to the baby’s death despite resuscitation efforts, and we obtained a $250,000 settlement.

$1.375 Million

Medical Malpractice – Intentional Insulin Overdose

A nurse intentionally administered a massive insulin overdose to a 60-year-old dialysis patient, causing his death; we proved punitive-level conduct and exceeded North Carolina’s med-mal damages cap.

$900,000

Medical Malpractice – Child Overdose Death

Doctor prescribed a powerful medication at roughly nine times the recommended pediatric dosage for a six-year-old with bed-wetting issues; the child suffered a fatal cardiac arrest at school.

$200,000

Motorcycle Accident – Failure To Yield The Right Of Way

Our client and another driver both entered an intersection from stop signs, each believing the other would yield. The police could not determine fault, and the insurer denied liability, but after filing suit we recovered $200,000 for multiple fractures and serious injuries.

$1.5 Million

Motorcycle Accident – Foot Amputation

Client on a motorcycle was t-boned by a driver pulling from a stop sign, leading to traumatic foot amputation that could not be repaired; we obtained a significant recovery.

$992,879

Motorcycle Accident – Failure To Yield

Motorcyclist was hit by a driver who failed to yield the right of way at an intersection, causing an ankle fracture that required surgery.

$650,000

Motorcycle–Trucking Accident

Client riding a motorcycle was struck by a commercial truck pulling from a parking lot into his lane, causing ejection from the bike and multiple upper-extremity fractures.

$200,000

Motorcycle Accident – Intersection Right Of Way Dispute

Two drivers at opposing stop signs each entered the intersection believing the other was yielding; our motorcycle client suffered rib and shoulder fractures and a wrist fracture before liability was denied and later reversed in litigation.

$800,000

Nursing Home Negligence – Fatal Strangulation

A dementia patient known to be a fall risk was left with bed cords across his body and the bed still elevated. He fell, became entangled in the cords, and was found unresponsive. We exceeded the North Carolina damages cap with an $800,000 settlement.

$800,000

Nursing Home Neglect – Bed-Control Strangulation Cap Buster

Elderly rehab patient fell from bed and became entangled in the cord to his bed control while staff failed to respond; he died from asphyxiation, and we exceeded the statutory non-economic damages cap based on gross negligence.

$145,000

Nursing Home Neglect/Abuse – Repeated Falls and Brain Bleed

Resident of a long-term care facility suffered repeated falls that led to a subdural hematoma; we alleged failures to monitor, protect, and respond to her changing condition.

$240,000

Premises Liability – Inadequate Security At Motorcycle Party

Our client was shot at a motorcycle gang party where the host knew of threats from a former gang member but failed to implement security measures. We resolved the inadequate-security claim for $240,000.

$175,000

Fall at Apartment Complex – Poor Lighting

Delivery driver descending dark stairs at an apartment complex tripped over an oddly placed cement block at the bottom step, suffering injuries due to inadequate lighting and a hidden hazard.

$750,000

Apartment Complex Maintenance Negligence – Fatal Hyperthermia

Seventy-five-year-old tenant died from extreme indoor heat after a malfunctioning furnace blasted hot air even when off; maintenance ignored her calls, and we pursued wrongful-death claims for the preventable conditions.

$625,000

Sexual Assault – Apartment Complex

Leasing agent for an apartment complex sexually molested a 12-year-old resident while her mother was gone; investigation showed the complex failed to perform a proper background check.

$275,000

Products Liability – Defective Crutches

After a prior leg fracture, our client was using prescribed crutches when one suddenly broke, causing her to fall on the previously injured leg. Through litigation, we resolved the case for $275,000.

$750,000

Products Liability – Tainted Hamburger (Food Poisoning)

Our client developed severe food poisoning and a systemic autoimmune reaction after eating a hamburger at a fast-food restaurant. The claim settled for $750,000.

$337,500

Products Liability – Bungie Cord Eye Injury

Client using a bungie cord to secure items on a roof rack was seriously injured when a defective hook snapped back into his eye, causing permanent vision damage and other ocular injuries.

$12.5 Million

Sex Abuse – North Carolina School Of The Arts

Former high school students suffered decades of abuse by teachers and administrators at an arts school in Winston-Salem. Using the SAFE Child Act’s extended statute of limitations, we secured a $12.5 million settlement.

$175,000

Sex Abuse – Special Education Teacher In Public High School

A minor with a learning disability was groomed, groped, and exploited by a special education teacher. We pursued claims for the repeated incidents of fondling and coerced explicit videos and recovered $175,000.

$250,000

Sex Abuse – Child-On-Child Assault In Transport Van

A minor was sexually assaulted by another child in a passenger van operated by a behavioral-health nonprofit. Staff failed to properly supervise and protect our client, resulting in a $250,000 settlement.

$175,000

Sex Abuse – Assault By Delivery Driver

A package delivery driver groped our client at her home. After the driver pled guilty to sexual battery, we obtained a $175,000 settlement from the global shipping company.

$993,135.67

Trucking Accident – T-Bone While Passing

Client turning into her driveway was struck by an impatient trucker attempting to pass her turn; despite serious injuries, she fully recovered and we secured a substantial trucking recovery.

$736,717.55

T-Bone Collision – Commercial Truck

A tractor-trailer pulled into our client’s lane on a highway, causing a severe side-impact crash and multiple fractures including hip, leg, ankle, and foot injuries that required several surgeries and months of non-weight-bearing recovery.

$1 Million

DWI Cross-Centerline Truck Crash

Semi-truck driver was killed when an intoxicated motorist crossed the center line on Highway 62 and struck his vehicle; we obtained full policy limits and documented the drunk-driving conduct.

$1.4 Million

Tow-truck Operator Struck While Working

A tow-truck operator assisting at a prior crash was hit by a passing motorist, suffering a fractured leg; we obtained an auto settlement plus substantial ongoing workers’ compensation benefits.

$650,000

Pedestrian Death – Commercial Vehicle Left Roadway

A commercial vehicle left the roadway and struck our 67-year-old client while she checked her mail; she was found deceased near a drainage ditch, and we overcame contributory-negligence arguments.

$120,000

Workers’ Compensation – Truck Assembler Crush Injury

A truck assembler was pinned between two trucks while seam sealing, injuring his left leg and ankle. We recovered $120,000.

$125,000

Workers’ Compensation – Medical Equipment Trainer Neck And Back Injury

While pulling a heavy training dummy from a table, our client injured her neck and back with radiating arm pain and later underwent total disc arthroplasty. We recovered $125,000.

$1.5 Million

Motorcycle Accident – Foot Amputation

Client on a motorcycle was t-boned by a driver pulling from a stop sign, leading to traumatic foot amputation that could not be repaired; we obtained a significant recovery.

$905,000

Motor Vehicle Rollover Accident

After an at-fault driver ran a red light and t-boned our client, his vehicle rolled several times, leading to rib fractures, lacerations, a dislocated shoulder needing surgery, and a neck fracture treated without surgery.

$725,000

Birth Injury – Developmental Delays After Difficult Delivery

$280,657.50

Workers’ Compensation – Operations Manager Back Injury

An operations manager injured his back lifting a heavy drum sander, ultimately requiring a spinal fusion and ongoing treatment. The claim resolved for $280,657.50.

$540,000

Workers’ Compensation – Auto Accident While Working

While driving for work, our client was hit head-on by a vehicle that crossed the center line, suffering a concussion and spinal fracture. We obtained $540,000 in workers’ compensation benefits.

$354,000

Workers’ Compensation – Construction Ladder Fall

A construction worker fell from a ladder, severely injuring his left ankle and requiring surgery. The case resolved for $354,000.

$310,000

Workers’ Compensation – Detention Officer Training Injury

A detention officer injured her right leg and hip during a training exercise, leading to multiple hip surgeries, nerve blocks, and ketamine infusions. We recovered $310,000.

$175,000

Workers’ Compensation – Mechanic Shoulder And Elbow Injury

A mechanic fell from a furnace, injuring his right shoulder and elbow and requiring arthroscopic rotator cuff surgery and debridement. The case settled for $175,000.

$354,000

Workers’ Compensation – Construction Ladder Fall

A construction worker fell from a ladder, severely injuring his left ankle and requiring surgery. The case resolved for $354,000.

$150,000

Workers’ Compensation – Construction Nail Gun Fall

A construction worker fell backwards onto a metal platform when a nail gun caught on a ladder, causing a serious back injury. The claim resolved for $150,000.

$125,000

Workers’ Compensation – Laborer Cherry Picker Fall

Our client fell from a cherry picker, sustaining multiple fractures, TBI, and extensive orthopedic injuries that required a lengthy hospital stay and rehabilitation. We secured $125,000.

$100,000

Workers’ Compensation – Warehouse Maintenance Ladder Incident

While pulling wiring from a ceiling, a maintenance worker’s ladder slipped, causing him to grab a pipe and fall, injuring his shoulder. We recovered $100,000.

$190,000

Workers’ Compensation – Loading Dock Fall From Trailer

Our client was securing a load inside a trailer when another employee pulled away from the dock without checking for workers inside. He fell, injuring his arm, elbow, and wrist, and we obtained $190,000.

$200,000

Medical Malpractice – Birth Injury (Wrongful Death)

Our pregnant client endured a prolonged, difficult labor at a local hospital. The OB/GYN delayed calling a C-section, and the baby did not survive, leading to a $200,000 recovery.

$250,000

Medical Malpractice – OB Labor And Delivery Negligence (Wrongful Death)

Our client labored more than 50 hours while her baby showed signs of distress. A delayed C-section led to the baby’s death despite resuscitation efforts, and we obtained a $250,000 settlement.

$255,000

Medical Malpractice – OB Labor And Delivery Negligence (Wrongful Death)

$800,000

Nursing Home Negligence – Fatal Strangulation

$1.425 Million

Construction Accident – Trench Collapse Death

Forty-year-old worker installing underground water meters in a trench was buried alive when the trench collapsed due to poor site supervision and lack of protective systems; we also addressed complex estate issues and workers’ comp benefits.