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Medical Malpractice

Charlotte Medical Malpractice Lawyers

Award-Winning Attorneys Fighting for You

When our physical bodies fail us, we put our trust in doctors, nurses and other healthcare providers. Whether it is taking a medication for the first time, surgery, or seeing a specialist, we have little choice but to trust the professionals.

But what if the professional made a mistake? It’s a frightful thing to think about, and we often forget that it is possible. When your health or the health of your loved one is at stake, there is simply no room for a preventable error. How often do they really happen?

We can be reached online or by phone at (704) 859-2003.

Medical Errors: An Alarming Trend

Recent studies show that between 250,000 to 440,000 deaths a year are caused by preventable medical errors in hospitals. According to a 2016 study by researchers at Johns Hopkins University and published in the British Medical Journal, deaths caused by medical errors are now believed to be the third leading cause of death in the United States, above stroke, Alzheimer’s disease, respiratory disease, and accidents, and second only to heart disease and cancer.

Authors of an earlier study in the Journal of Patient Safety called the alarming number of preventable deaths in hospital “… an epidemic of patient harm…”.

Learn more through the below links:

What Is Medical Malpractice?

Medical malpractice is simply negligence by a healthcare provider that results in injury or death to a patient. If you are thinking about filing a claim for what has happened to you or your loved one, there are a few things you should know about the laws surrounding these types of cases, particularly if you live in North Carolina.

Having an attorney on your side who not only has the experience but who also sincerely cares for your well-being can make all the difference in your journey to recovery. The Charlotte medical malpractice attorneys at Charles G. Monnett III & Associates are ready to be your advocates.

The essential elements of medical negligence include:

  • Proof that a doctor-patient relationship existed
  • Proof the physician violated the standard of care or was otherwise negligent
  • Proof that the injury was a result of the negligence
  • Proof that the injury led to specific damages or harm


In an article by North Carolina Lawyer’s Weekly, attorney Charles G. Monnett III addressed the difficulty in winning medical malpractice cases.

“It’s definitely not a level playing field. The truth is that they [doctors] have the advantage pretty much every step of the way. The crisis in medical malpractice litigation is that too many legitimate claims now go uncompensated.”

Read the full article here: Latest Data Show State’s Tort Reform Act Delivered a Knock-Down Blow.

Medical Malpractice in North Carolina

It’s imperative, too, to be mindful of the statute of limitations regarding a medical malpractice claim. The limitations periods can be confusing and you should consult with a lawyer quickly to know what your deadlines to file a lawsuit are.

For example, in the State of North Carolina, the following time limits apply:

  • For personal injury, the Statute of Limitations is three (3) years from the last act of the medical provider giving rise to the cause of action
  • For wrongful death, the Statue of Limitations is two (2) years from the date of death
  • There are exceptions to these time limits for injuries that could not have been discovered, or for Retained Surgical Items, subject to outer limits called Statutes of Repose.
  • There is a special set of rules for minors, so consult a lawyer immediately.

Like many other states, North Carolina sets caps, or limits, on the amount of damages that can be collected in successful cases. In 2011, the North Carolina legislature passed a law that limited non-economic damages in medical malpractice cases to $500,000. Non-economic damages include compensation for non-monetary losses, such as pain, suffering, and loss of enjoyment of life. This amount has been adjusted periodically based on inflation, but is still arbitrary, inadequate, and unfair to the most seriously injured victims of malpractice.

In North Carolina, there is no limit on economic damages, such as medical expenses or lost wages.

If you think you or a loved one has suffered an injury or harm at the hands of a doctor, nurse, pharmacy, or hospital by neglect, you are not alone. You have questions, and we are here to answer them. If you would like to speak with a legal advocate who has experience helping people like you, the caring staff at Charles G. Monnett III & Associates are ready for your call. Contact us for a no-cost, no obligation consultation. We are deeply sorry for what you have been through, and want to hear your story.

Medical Malpractice Requirements in South Carolina

How is medical malpractice defined in South Carolina?

“Medical Malpractice” is defined by the South Carolina Code of laws as “doing which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”

How long do I have to file a claim?

The statute of limitations to file a medical malpractice claim in South Carolina is three (3) years from the date of your injury, or from when the injury was or should have been discovered.

The statute of limitations to file a wrongful death claim in South Carolina is three (3) years from the date of death.

There is a special set of rules for minors, so consult a lawyer immediately.

What can I recover?

Under the South Carolina Code of Laws, non-economic damages in medical malpractice cases are capped at $350,000 for each claimant when the claim is against a single health care provider or institution. When multiple providers or institutions are involved, the limit of civil liability for non-economic damages for all providers and institutions is limited to an amount not to exceed $1,050,000.00. This amount is reevaluated every year based on inflation. Non-economic damages include compensation for non-monetary losses, such as pain, suffering, physical impairment and mental anguish.

The limits on non-economic damages in South Carolina do not apply to punitive damages or when a medical provider or institution acted recklessly, was grossly negligent or engaged in fraud or misrepresentation regarding the claim. The limits on non-economic damages in South Carolina do not apply when a health care provider or institution has altered or destroyed medical records to avoid liability.

In South Carolina, there is no limit on economic damages, such as medical expenses or lost wages.

If you think you or a loved one has suffered an injury or harm at the hands of a doctor, nurse, pharmacy, or hospital by neglect, you are not alone. You have questions, and we are here to answer them. If you would like to speak with a legal advocate who has experience helping people like you, the caring staff at Charles G. Monnett III & Associates are ready for your call. Contact us for a no-cost, no obligation consultation. We are deeply sorry for what you have been through, and want to hear your story.

Have any questions? Contact us online or call (704) 859-2003 for a free, confidential consultation with one of our Charlotte medical malpractice attorneys.

Testimonials

What Our Clients Say About Us
  • Charles was always available and informative on this process.

    “His assistant, Tracey Seifert, was especially helpful in answering questions, guiding me through the process and having a positive outlook.”

    - Susan Z.
  • Without their help, I would probably have lost everything that I owned.

    “My heartfelt thanks go out to Lauren Newton and Stephanie Allen for their hard work on my behalf.”

    - Rick M.
  • Lauren Newton exceeded all of my expectations and she genuinely cares about her clients.

    “Choosing Charles G. Monnett III and allowing Lauren Newton to take care of me was hands down the best decision I have ever made.”

    - Jade B.
  • The experience I had was exactly what I wanted.

    “I would recommend my own mother to this firm.”

    - Jacob G.
  • I was very satisfied.

    “If anyone asked me to recommend someone to them it would definitely be Charles Monnett & Associates.”

    - Raven B.
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Proven Record of Success

  • $3 Million Cerebral Palsy

    Confidential settlement for a child with cerebral palsy as a result of birth-related brain injury.

  • $13 Million Medical Negligence Verdict

    An infant suffered an undiagnosed case of bacterial meningitis that caused severe neurological damage.

  • $8 Million Confidential Settlement

    Confidential settlement for an infant with bilateral leg amputations following improper placement of the femoral line.

  • $3.375 Million Failure to Diagnose

    Confidential settlement on behalf of a child with severe visual impairments resulting from the failure to properly diagnose retinopathy of prematurity in a newborn child.

  • $3 Million Negligent Administration of Nerve Block

    Confidential settlement for a woman with hypoxic-ischemic brain injury as a result of negligent administration of nerve block for headache.

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Common Medical Malpractice Cases

Across the board, there are certain cases that are always most common in medical malpractice. These include:

Even war veterans see medical malpractice cases as often as civilians.

Records show that the Department of Treasury has paid 29 settlements in North and South Carolina between 2012 and 2016, including 2,483 payments made to medical malpractice claims—a total $554.19 million.

Everyone makes mistakes, though, in the medical field, a single mistake can be deadly. When a mistake can be prevented, it isn’t a “mistake” at all; it is negligence and medical malpractice, and the person(s) responsible should be held accountable for his or her actions.

If you think you’ve suffered as a result of a hospital’s, doctor’s or other medical professional’s negligence, the Charlotte medical malpractice attorneys at Charles G. Monnett III & Associates want to hear from you.

Choosing the Right Medical Negligence Lawyer for You

Perhaps you are wondering if you need a lawyer. The quest to find one you trust who is also experienced with cases like yours can seem daunting.

At Charles G. Monnett III & Associates, we believe our track record speaks for itself. Our clients are like family to us and they are glad to share their experiences. Take a look at just a few testimonies from other victims of medical malpractice we have advocated for and how their lives have changed for the better since seeking our help.

Over the past 37 years, we have helped thousands of people who are just like you. Your best interest is our highest goal, and each client is unique and significant to us. We take a personal approach to all new cases, and make sure all of our clients get the individual support they need and deserve.

Contact us today for a free, confidential consultation. You have no obligation to hire us for your case.

Medical Malpractice FAQ’s

  • Q:How do I know if I have a case?

    A:We will help you determine if you have a case. A negative experience or outcome with a medical professional does not mean medical malpractice has occurred. Mistakes do happen, and if you or a loved one are unharmed, you may not have a case and should consider yourself fortunate. If you were harmed, it will need to be proven that the doctor, nurse or hospital strayed from the standard practices of care, resulting in the injury or harm. We can help you with this.

  • Q:Who is responsible for my medical malpractice injury?

    A:Any doctor, nurse, or hospital employee can be held accountable for medical malpractice. What often happens is the hospital staff may be overworked if the organization is attempting to cut hours and save money; this is known as hospital negligence.

  • Q:How long do I have to pursue a medical malpractice claim?

    A:In both North and South Carolina, the statute of limitations is three years, meaning you have three years from when the injury occurred to pursue legal action. Please do not wait until the last minute to call us and file a claim. If you believe you’ve been a victim of medical malpractice, take the first responsible step and learn about your rights. You can decide later if you wish to pursue a lawsuit. A consultation with a lawyer is always free and without obligation. It’s in your best interest to speak to an attorney as soon as possible.

  • Q:Can I pursue a claim on my own?

    A:You may pursue a claim on your own, but seeking the help of a medical malpractice attorney who understands the legal arena and the medical field is highly recommended. Medical malpractice cases can be expensive, time-consuming, and difficult for those without experience. A skilled attorney knows both fields in all their complexity.

  • Q:How much does it cost to hire you?

    A:We work on contingency fee basis, which means we only get paid if your claim is settled successfully. There are no out-of-pocket costs for you.

  • Best Lawyers 2020
  • American Association for Justice - Leaders Forum 2020
  • Public Justice 2020 Benefactor Member
  • Melvin M. Belli Society
  • Summit Council
  • North Carolina Advocates for Justice
  • Primerus Member
  • North Carolina Super Lawyers 2009,10,11,12,16
  • North Carolina Advocates for Justice
  • American Association for Justice

Why Choose Charles G. Monnett III & Associates?

We have a long history of successfully representing clients with medical malpractice claims. Because these cases are highly complicated and expensive to pursue, we won’t be able to accept every case.

As part of our extensive investigation into your claim, our firm will review your case and source a team of qualified experts in the area of medicine when appropriate. We work hard to ensure cases are supported by qualified physicians and nursing experts before they are brought to court.

We staff the following experts to help with your claim:

  • A registered nurse (RN) on staff who may assist with your case and help explain the medical complexities of your case specifically
  • Developed contacts in most medical specialties, including obstetrics, oncology, anesthesiology, and orthopedics, to name a few

As we work with these specialists and gather evidence to help obtain a fair settlement or verdict for your claim, you can better focus on what is most important—taking care of yourself and your family, healing, and enjoying life again.

Your family deserves an advocate who cares about their rights and has real, successful experience in a courtroom. We are trial lawyers, and while we do all we can to effectively resolve your case without taking it to trial, you can rest assured that we are ready and prepared to. We will fight for you, so that you may focus on yourself and your healing.

What Sets Us Apart

  • Compassionate Legal Professionals
  • Personalized Attention
  • You Won't See Us On TV
  • Committed to the Community
  • Experienced Trial Lawyers
  • Free Consultation for Injury Victims

We Care for You 

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