North Carolina Medical Malpractice

North Carolina medical malpractice suits offer patients injured by negligence of healthcare providers an opportunity to recover damages. Often referred to as med mal, lawsuits against healthcare providers can arise in North Carolina when the provider violates the standard of care set by the profession and as a result causes injury to the patient. A med mal claim can arise from a number of situations such as:

• Misdiagnosis or failure to diagnose
• Delay in providing necessary treatment
• Failure to treat or incorrect treatment
• Surgical or nursing error

If a patient discovers an injury that they suspect is caused by negligence of a healthcare professional in North Carolina, they should contact a North Carolina med mal attorney immediately.

Who May Commit Medical Malpractice in North Carolina

Any person or entity considered a healthcare provider may commit medical malpractice in North Carolina.; Individuals such as physicians, nurses, dentists, specialists, pharmacists, midwives, psychiatrists, or dentists are all examples of health care providers in North Carolina. Additionally, entities such as hospitals and nursing homes are also considered healthcare providers in North Carolina. For questions about whether a specific individual or entity can be liable for medical malpractice in North Carolina, consult a North Carolina med mal lawyer.

An injured patient in North Carolina must file a claim for medical malpractice within a statutory time frame or the claim will be dismissed. In order for a med mal case in North Carolina to meet the statute of limitations, it must be filed:

• Within three years from the date of the most recent negligent act or omission by a healthcare provider, or one year from the date of discovery of the injury, whichever is first; but
• The time to file cannot be longer than four years from the act or omission by the healthcare provider
• For med mal suits due to foreign objects left in the patient after a surgical procedure, a patient has one year after discovery of the object, but not longer than ten years after the error of the healthcare provider.

When a patient's injury is thought to be related to negligent medical treatment or a medical procedure in North Carolina ,a North Carolina medical malpractice lawyer should be contacted immediately to ensure a claim is filed within the statute of limitations.

Damage Limitations on North Carolina Medical Malpractice Claims

North Carolina does not limit damages that a plaintiff can recover in medical malpractice actions specifically, but does limit punitive damages any plaintiff in a civil lawsuit can recover to three times the actual damages, or $250,000, whichever is greater. Punitive damages are the legal term for damages beyond compensating the plaintiff what their actual damages were, and are assessed as a means of punishing a defendant for causing the plaintiff's injury or harm.; For questions about types of damages available, and damage limitations in a North Carolina med mal claim, consult a North Carolina med mal attorney prior to filing a claim.

How to File a Medical Malpractice Claim in North Carolina

If an injured patient in North Carolina is considering filing a medical malpractice claim to recover damages, they should immediately contact a North Carolina med mal attorney. Medical malpractice claims require a high degree of legal knowledge and procedural detail in order to file without being dismissed, and a North Carolina medical malpractice attorney gives a plaintiff a best chance at filing a proper claim. Additionally, defendants in medical malpractice claims in North Carolina are armed with legal teams that hold a large amount of medical malpractice experience in defending claims and will be prepared to offer the healthcare provider with a well-developed defense. A North Carolina medical malpractice attorney will help an injured plaintiff pursue a fair recovery for their injuries, and a plaintiff would be wise not pursue a med mal claim in North Carolina without first consulting a North Carolina med mal attorney.

North Carolina General Statutes

1. Who May Commit Medical Malpractice in North Carolina
1. North Carolina General Statutes, Chapter 90 § 90-21.11
2. North Carolina Medical Malpractice Statute of Limitations
1. North Carolina General Statutes, Chapter 1 § 1-15
3. Damage Limitations on North Carolina Medical Malpractice Claims
1. North Carolina General Statutes, Chapter 1D § 1D-25