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Medical professionals such as doctors, surgeons, and nurses can and do make mistakes, resulting in grave consequences for patients. National statistics reveal that medical malpractice is far too common, and these mistakes can lead to life-altering injuries and illnesses for patients. If the decision-making or performance of a medical professional 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 provides the injured patient or their closest family members, in the event of death, with the right to recover certain “damages” allowed by North Carolina law. If you or a family member is suffering physically and financially from hospital or other medical negligence, seek help from the Charlotte attorneys at Maginnis Howard, who are here to assist you.
In many ways, a medical negligence case is similar to any other personal injury claim. If 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 an exhaustive list, 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. However, it is essential to note that there may be limitations on these damages, depending on the exact circumstances of the medical negligence. It is recommended that you discuss this 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.
Medical professionals can act negligently and cause harm in many ways. Examples of common fact patterns prevalent in medical negligence cases include:
Any civil action has a “statute of limitations” – the period 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 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 Charlotte 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. We will offer a contingency fee agreement if we can assist you with your case. This means you owe no attorneys’ fees unless and until we recover a settlement on your behalf.
