When Your Back Is Against The Wall

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.

To schedule a free consultation with an attorney at our office, please contact Lanier Law Group, P.A. today by calling (828) 373-1945, or you can simply click here to fill out a free case evaluation form.

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*Featured Case Results, Settlements, & Trial Wins From Our Attorneys

$5.95 Million

Permanent Brain Failure

Our client had a brick fly off of a utility trailer and go through their windshield and hit her on the face.

$4.8 Million

Settlement

A case with multiple plaintiffs who were potentially exposed to a deadly disease while in the hospital.

$4.3 Million

Head-On Collision

Personal injury litigation settlement for a client who was involved in a head-on collision with a commercial tractor-trailer.

$3.1 Million

Birth Injury/Hypoxic Brain Injury

The OB doctor’s negligence caused a delay in the baby’s birth which resulted in the baby suffering of a severe hypoxic brain injury.

$1.8 Million

Litigation Settlement

Our client was involved in a motor vehicle accident with a meat truck.

$1.375 Million

Medication Overdose/Hospital

Our client died following an overdose of medication that occurred as a result of the negligence of the nursery staff while they were in the hospital.

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Featured Reviews, Testimonials & Results

"20 out of 10 stars."

There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it’s interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don’t have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.

- Diane W.

"Lanier Law Group will always be the choice for me and all my family members"

I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!

- Phillip J.

"So thankful for your expertise and professionalism"

Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.

- Mario H.

"Always ready to answer any questions I may have"

The staff kept me well informed in a more than timely manner and was always ready to answer any questions I may have.

- Timothy M.

"The Lanier Law Group provided excellent customer service!"

The Lanier Law Group provided excellent customer service! My main contact was Denise.

- Malinda P.

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