North Carolina Medical Malpractice Attorneys

Just because a doctor fails to immediately recognize the symptoms of an extremely rare disease or does not heal someone with cancer, this does not mean that he or she has committed malpractice.

To prove that medical malpractice has occurred, you will need to show that:

• The medical professional/facility in question owed you a duty of care. Showing that you were a patient and that a doctor-patient relationship existed is usually sufficient in proving that the doctor/facility owed you this duty of care.
• The medical professional/facility failed to uphold the standard duty of care. This means that the doctor/nurse/hospital/etc. did not take all reasonable action that another qualified individual would have taken. For example, if you visited an emergency room complaining of chest pain but the attending physician did not order tests to determine if you were having a heart attack, this could be ruled negligent and a failure to uphold the standard duty of care.
• You suffered injuries, illness, or complications as a result of the failure to uphold the standard duty of care. In the above example, if the attending physician ignored your symptoms and sent you home but you were, in fact, suffering a heart attack and this resulted in serious complications, you may take legal action. You cannot pursue a claim if you did not suffer any injuries, even if the doctor/facility was negligent.
• You suffered measurable damages as a result of your injuries/illness/complications. Damages may include things like the cost of additional medical treatment or medications, lost income/wages from time you had to take off work to recover, emotional distress, and more.

At Lanier Law Group, P.A., our North Carolina medical malpractice attorneys can evaluate the various aspects of your claim and determine if you have grounds for legal action. If so, we can help you begin building a case aimed at recovering the maximum compensation you are owed.

North Carolina Medical Malpractice Laws

If you’re considering filing a medical malpractice claim in North Carolina, it’s important to understand the specific laws that govern these cases. North Carolina has unique regulations that affect how and when you can pursue compensation for medical negligence.

Statute of Limitations

In North Carolina, medical malpractice claims are subject to strict time limits, known as the statute of limitations. Generally, you must file your claim within three years from the date of the injury, or two years from the date the injury was discovered, whichever is sooner. However, if the injury involved a foreign object left inside the body, the deadline to file is one year from the date the object was discovered.

There is an overall time limit, known as the statute of repose, which bars any claims filed more than four years after the date of the injury, regardless of when the injury was discovered. This means if you don’t take legal action within that time frame, you may lose the right to pursue compensation.

Damage Caps on Non-Economic Damages

North Carolina law places a cap on non-economic damages in medical malpractice cases. Non-economic damages include compensation for pain and suffering, emotional distress, and loss of quality of life. The cap is set at $500,000 for non-economic damages, regardless of the number of defendants involved in the case. However, there are exceptions: if a plaintiff suffers disfigurement, permanent injury, or loss of a body part, the cap may be lifted.

It’s also important to note that there is no cap on economic damages, such as medical expenses, lost wages, or future care costs. This means that while compensation for pain and suffering is limited, victims can still recover the full amount of their financial losses.

Requirement for Expert Witness Certification

North Carolina requires a certification from an expert witness to move forward with a medical malpractice case. This is a legal document that must be signed by a qualified medical expert who confirms that the defendant failed to meet the accepted standard of care. Without this certification, the case may be dismissed.

The expert witness must be a medical professional in the same or a similar field as the defendant, and they must provide a sworn statement that medical negligence likely occurred. This requirement helps prevent frivolous lawsuits and ensures that only legitimate claims proceed to trial.

Contributory Negligence in Medical Malpractice Cases

North Carolina follows the doctrine of contributory negligence, which can affect the outcome of your medical malpractice case. Under this rule, if the injured party is found to be even 1% at fault for their injury, they may be barred from recovering any compensation. This makes it crucial to work with a skilled medical malpractice attorney who can effectively prove that you were not responsible for your injury.

Medical Review Panel

In some cases, North Carolina may require a Medical Review Panel to evaluate the merits of a medical malpractice claim before it goes to court. This panel consists of medical professionals who review the facts and provide an opinion on whether malpractice occurred. While the panel’s findings are not binding, they can influence the court’s decision to allow the case to proceed or encourage settlement negotiations.

Put a Heavyweight in Your Corner

It is no easy task to take on doctors, hospitals, the pharmaceutical industry, and other medical professionals and establishments. You need an experienced legal team that knows how to quickly obtain medical records and gather other applicable evidence to support your claim. You need an attorney who is willing to fight for you and stand at your side until the conclusion of your case. You need Lanier Law Group, P.A.. 

Since 1997, we have been helping injured individuals throughout North Carolina fight for the fair recovery they were owed. With multiple office locations throughout the state we are fully prepared to help you, too. Our trial-tested attorneys have delivered powerhouse advocacy to injured clients and families in Asheville, Charlotte, Burlington, Durham, Piedmont Triad, Greenville, Fayetteville, Raleigh, and Wilmington. There is no fee until we successfully secure compensation on your behalf.