Have You Been Injured by a Doctor or Hospital Staff?
Truth is, medical mistakes, often referred to as “Medical Negligence” are not uncommon.
If you have come to this web page after you or loved one has suffered from an incident involving medical malpractice, we are sorry this has happened.
We put our trust into the hands of doctors, nurses, and their medical teams. We expect professionals to provide excellent care whenever possible, after all, it is their job to have our best interest at heart. But what happens when these same medical professionals are responsible for your pain and suffering?
Unfortunately, doctors, nurses and other hospital employees do get it wrong, often resulting in devastating (and preventable) injuries.
At Charles G. Monnett III & Associates, we are more than just medical malpractice lawyers in North Carolina – we are a group of people who are just like you, and have witnessed medical negligence first hand. We have experienced carelessness from professionals in the medical field, as well as, worked with clients who have been wronged by those they trusted. We offer our deepest sympathies for what you have had to endure, and now, we want to help you move forward with your life.
If you have landed on this page, then you most likely need guidance or assistance with a medical malpractice injury – we can offer both and answer all your questions!
In this article, you will find information on the following topics:
- Common Medical Malpractice Cases
- Proving a Medical Malpractice Case
- Medical Malpractice FAQs
- Why Hire a Medical Malpractice Lawyer
- Our Medical Malpractice Approach
- Contact Charles G. Monnett III & Associates
- More Information and Medical Errors by the Numbers
If you are currently ready to speak to a medical malpractice attorney about your claim, you can contact the attorneys at Charles G. Monnett III & Associates by calling (704) 376-1911 for a no-cost, no-obligation consultation. All consultations are conversations kept in strict privacy by the attorney/client privilege. If you decide to not pursue a claim you don’t owe anything.
Common Medical Malpractice Cases
As shown below, there are common types of a medical malpractice cases. When a doctor fails to diagnose a patient, or misdiagnoses a patient, medical malpractice has generally occurred.
A misdiagnosis can include any of the following conditions:
- Heart Disease
- Blood Clot
A misdiagnosis often takes place when a patient is not experiencing textbook symptoms of a particular illness, resulting in the doctor or nurse treating the wrong disease or ailment. Other common types of medical malpractice include improper treatment, failure to warn of risks and improper monitoring. Doctors and nurses have an ethical responsibility to not only properly treat and monitor patients, but also provide information regarding the risks of medication or treatment. When these steps are not completed, or not completed accurately, injury and/or death can occur.
Specifically, medical malpractice injuries can transpire due to:
- Medical object left within the body
- Anesthesia errors and resulting complications, including brain injuries
- Birth injuries, such as cerebral palsy, erbs palsy, and more
- Surgical errors and resulting complications
- Medication errors which can have lethal side effects
- Misdiagnosis or failure to diagnose cancers and other conditions
Though negligence and medical malpractice occurs more often than it should, proving malpractice took place can be difficult. This is why meeting with an attorney who specifically helps victims of malpractice is so important. As much as an attorney must understand the law, they must also understand medicine and procedures. If you have questions, call us today for a free consultation at (704) 376-1911.
Studies have shown that preventable medical errors in hospitals result in over 200,000-400,000 deaths a year and is the third-leading cause of death in the United States.
Proving A Medical Malpractice Case
In order to successfully prove a medical malpractice case has occurred, certain information must be shown, starting with a breach of the standards of care, which includes:
- A doctor/patient relationship existed
- Evidence the physician acted negligently, or violated the standards of care
- Proof that the injury was a direct result of the physician’s negligence
- Records that show the injury led to 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:
Read the full article here: Latest Data Show State’s Tort Reform Act Delivered A Knock-Down Blow
Proving a doctor/patient relationship existed can be simple, but that’s only step one – the rest of the process can be difficult, due to special requirements. For example, the statute of limitations are set in place, meaning there is only so much time allotted to pursue a medical malpractice claim. Further, it will be necessary to provide evidence to support your case, often in the form of expert testimonies and witness statements.
In the State of North Carolina, the statute of limitations is three years after the injury or death occurred. Damages sought after can include pain and suffering (non-economic damages), which are capped and adjusted annually for inflation. Yet, the cap will not be taken into effect if the doctor or nurse in question proved to be reckless, intentionally negligent or malicious. However, the state does not limit economic damages, such as medical bills or missed wages.
South Carolina Statute of Limitations
The State of South Carolina offers the same statute of limitations as North Carolina: three years. Unlike North Carolina, South Carolina doe not place a cap on either non-economic or economic damages.
Medical Malpractice FAQs
You may have questions or concerns regarding medical malpractice claims. The following are questions we are most commonly asked, and provide the answers here for your convenience:
Q: How do I know if I have a case?
A: A negative outcome does not mean medical malpractice has occurred. Mistakes do happen, and if you or a loved one are unharmed, you should consider yourself lucky, and you may not have a case. If harm has been done, together will need to prove the doctor, nurse or hospital deviated from the standard practices of care, resulting in injury and harm. We can help you determine if this occured.
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 occurs is the hospital staff may be overworked due to the organization attempting to cut hours to save money, and 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. This doesn’t mean you can call us the day before to file a claim. If you believe you have 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, however, a consultation with a lawyer is always free and without obligation.
Q: Can I pursue a claim on my own?
A: Though you can pursue a claim on your own, it is recommended you seek assistance from a medical malpractice attorney who undertands the legal arena, as we as the medical field. Medical malpractice cases can be expensive, time consuming and difficult for those who do not have experience.
Q: How much does it cost to hire you?
A: We work on contingency fee bases, meaning we only get paid if your claim is settled successfully. There are no out-of-pocket costs for you.
Why Hire a Medical Malpractice Lawyer?
The attorneys at Charles Monnett III & Associates understand how difficult it can be to put your trust back into the hands of someone else, particularly, a stranger. After all, you have most likely found this page because you or a loved one has been severely injured as a direct result of a doctor or nurse’s negligence – a doctor or nurse that you once trusted.
Please understand that while we are attorneys, we are also everyday people who have faced similar situations, and represented hundreds of people that have been in your situation. Therefore, we not only understand the challenges you are currently experiencing, but we also empathize, and we want to help you move on with your life. We have the experience and skills to take care of you, to put your needs first and fight for your rights.
Due to the complexity of successfully proving a medical malpractice claim, having medical malpractice lawyers in North Carolina on your side can be beneficial for a myriad of reasons.
As attorneys, it is our job to handle all aspects of the case, allowing you to focus on what’s most important: healing. The last thing you should have to worry about is making phone calls, collecting medical records or tracking down witnesses. Not only can these tasks be tedious, time-consuming and expensive, but they also take away from the time you should be spending with family. After all, you have suffered more than enough, and now, you deserve to have an advocate on your side – someone who only wants what is best for you.
Click below to view a testimonial from a former client:
Our Medical Malpractice Approach
We have a long history of successfully representing clients with medical malpractice claims. Because these cases are highly complicated and expensive to pursue, we can not 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 being brought to court.
These experts include:
- 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 medical malpractice claim, you will be able focus on what is most important—taking care of yourself and your family: Recovery, getting well, and enjoying life again.
Contact Charles Monnett III & Associates
For a no-cost, no-obligation consultation, contact the attorneys at Charles Monnett III & Associates today by calling (704) 376-1911. We cannot undo the pain and suffering you have endured, but we can be here for you now. We can help you fight for compensation, which can assist with medical bills, missed wages and increase the quality of your life.
You were wronged – let us try and make it right by calling us today!
More Information: Medical Errors by the Numbers
According to the Journal of the American Medical Association (JAMA), medical negligence or malpractice is now the third leading cause of death in the United States.
Have you or a loved one been affected by this epidemic?
If so, we apologize for the inconvenience, pain and suffering you have had to endure. No one deserves to experience medical malpractice, and no one should. Unfortunately, this is not the case.
Though it is possible for any patient to sustain an unnecessary injury due to a doctor or nurse’s negligence, according to data released from the National Practitioner Data Bank, statistics show patterns of demographics that have been more prone for malpractice.
For example, in 2016, more inpatient victims of medical malpractice (44 percent) were observed, verses outpatient victims (41 percent). Further, female patients were commonly injured (53 percent), as opposed to male patients (47 percent), while patients between the ages of 50 and 59 experienced more negligence than any other age group.
The following percentages account for the most common types of medical malpractice experienced in the United States in 2016:
• 34 percent – Diagnosis
• 24 percent – Surgery
• 18 percent – Treatment
Whether a doctor or nurse failed to diagnose a patient or properly treat the disease or illness, the outcomes were always disturbing:
• 31 percent – Death
• 18 percent – Significant Permanent Injury
• 17 percent – Major Permanent Injury
According to the US Department of Treasury, the veteran population has and continues to face an alarming amount of medical malpractice cases, too, resulting from negligence or carelessness from VA hospitals in both North and South Carolina.
Specifically, in the past fives years, the VA has paid out claims in almost 2,500 medical malpractice cases. Since 2012, 29 settlements have occurred in North and South Carolina, totaling more than $9.3 million.
If you have experienced these statistics first-hand, the attorneys at Charles G. Monnett III & Associates empathize with you. You may feel betrayed by your doctor or nurse, and though it is most likely difficult to put your trust in someone else, please know that our entire professional team is here for you.
We can help you get passed this.
Three Ways We Can Help You Today
- Help you understand your rights as they apply to your unique case
- Help you to know which medical treatments may be needed
- Help take calls and handle the paper work from insurance companies
I was involved in an accident with an uninsured driver, so I contacted the attorney that i had used in a previous case. I explained to them the situation and they advised me that there was no way that i would be able to recover anything so
In October 2010, my pregnant wife and I were in a horrendous accident in Charlotte, NC, caused by a drunk driver. We were struck head on by the driver travelling at nearly 100mph and sustained many life threatening injuries
Charles Monnett was very helpful and lead me through the whole legality of my case. Charles was always available and informative on this process.