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Medical Malpractice

Doctors, surgeons, and nurses can and do make mistakes. National statistics tell us that medical malpractice is far more common than it should be. Careless or reckless mistakes can lead to life-changing injuries and illnesses for patients. If the decision-making or performance of a doctor, surgeon, or nurse falls below the “standard of care” for similar professionals in their position, and this failure causes injury or death to the patient, a medical malpractice claim may exist. A medical malpractice claim entitles the injured patient or their closest family members, in the event of death, to recover certain “damages” allowed by North Carolina law. If you or your family member is suffering physically and financially because of hospital or other medical negligence, the North Carolina attorneys of Maginnis Howard are here to assist.

Medical Malpractice Damages

In many ways, a medical negligence case is not that different from any other personal injury claim. Once it is established that the negligence of a healthcare professional caused an injury, the plaintiff can recover compensation for the consequences of that negligence. Although not exhaustive, examples of damages recoverable in a North Carolina medical negligence case include compensation for (a) past and future medical expenses, (b) past lost wages and future diminished earning capacity, (c) past and future physical pain and emotional suffering; (d) permanent injury and disability; and (e) permanent scarring. Unfortunately, there are sometimes limitations on these damages, depending upon the exact circumstances of the medical negligence. This should be discussed with your lawyer.

If a loved one dies as a result of medical malpractice, the damages recoverable include the compensation permitted under North Carolina’s wrongful death statute N.C. Gen. Stat. § 28A-18-2.

Common Malpractice Claims

Although a physician can act negligently and cause harm in many ways, specific categories occur more commonly than others. Examples of common fact patterns prevalent in physician negligence cases include:

Statute of Limitations

Any civil action has a “statute of limitations” – the period within which a lawsuit must be filed. The statute of limitations in North Carolina for a particular medical mistake can be complicated. If you suspect a medical mistake has led to injury or death, you should immediately consult an attorney. An experienced legal professional can give you more specific guidance on your case’s statute of limitations.

Medical Malpractice Case Reviews

Medical malpractice cases are unique under North Carolina law. Our legislature has imposed countless burdens on patients injured by the negligence of a doctor, surgeon, or nurse. In most cases, any lawsuit must be accompanied by a statement from another doctor who has reviewed your medical records and provided an opinion. The process of obtaining this opinion can be time-consuming. If a negligent healthcare professional injures you or a loved one, seek assistance from an attorney promptly.

The North Carolina hospital malpractice attorneys of Maginnis Howard can assist you with evaluating your medical negligence claim. We will ensure an appropriately qualified healthcare professional evaluates your case. We offer free consultations to all prospective medical malpractice clients. To schedule a meeting with our lawyers, visit our contact page. If we can assist you with your case, we will offer a contingency fee agreement. This means you owe no attorneys’ fees unless and until we recover a settlement on your behalf.