Types of Charlotte Medical Malpractice
The attorneys at Brown Moore & Associates, PLLC have extensive experience handling a wide range of medical malpractice cases for our clients. Some of the claims we have helped handle in the past include:
- Failing to diagnose or misdiagnosing a serious condition
- Failing to treat an infection
- Making avoidable surgical errors
- Failing to respond in a timely manner to a patient in the emergency room
- Prescribing the wrong medication or instructing patients to take the wrong amount of medication
- Failing to avoid birth injuries by providing adequate prenatal care
- Providing negligent hospital care by reviewing the wrong medical records
- Failing to properly address staph infections
This is certainly not an all-inclusive list of the ways that people can sustain injuries due to the negligence of a doctor or other health care professional. Please seek assistance from one of our Charlotte medical malpractice lawyers when determining the best steps forward for your case.
North Carolina laws concerning medical malpractice
Under North Carolina law and in most jurisdictions in which we practice, there are statutes that define what constitutes medical negligence. Under North Carolina law, a medical provider is under a duty:
- To use their best judgment in the treatment and care of their patient
- To use reasonable care and diligence in the application of their knowledge and skill to their patients’ care
- To provide health care in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time the health care is rendered.
A violation of any one of these three duties is negligence.
To be successful, one must prove one or more of these violations by the greater weight of the evidence. That is, the jury must be persuaded after considering all of the evidence that the necessary facts to establish negligence are more likely than not to exist. North Carolina imposes an additional burden when one claims an error when a medical provider is responding to an emergency medical condition. Evidence in those cases must be “clear and convincing.”
How Do Patients Get Paid Compensation For Charlotte Medical Malpractice?
Virtually all doctors carry malpractice insurance, which will pay any settlement or judgment obtained in a malpractice claim. North Carolina also has laws that limit the types of recovery that victims of medical malpractice may obtain as compensation for their injuries. This limitation on the recovery of fair compensation to injured victims is unique to the field of medical malpractice and does not affect individuals injured by the negligence of others who are not medical professionals.
In North Carolina, a victim of medical negligence is limited to a recovery of $562,338 (adjusted every three years since 2011 for cost-of-living increases) for all “non-economic” consequences. This includes harms such as physical pain, mental suffering, permanent impairment, and scarring. Similarly, if a loved one has died as a result of medical negligence, the victim’s family is limited to a $562,338 recovery (adjusted every three years as mentioned above) for all damages except for wage loss and pre-death medical bills.
How to prove a medical error occurred in Charlotte
To hold a doctor responsible for a medical mistake in a medical malpractice case, you will have to prove a breach of the accepted standard of care. Evidence of the following elements must be found in order for a victim of medical negligence to get compensated:
- A doctor-patient relationship existed between you (the injured patient) and the medical professional who committed medical malpractice
- The doctor’s medical malpractice is the result of him or her breaching the standard of care
- The breach of duty had a negative impact on the patient’s health
- The injury brought specific damages and losses to the patient
Handling Charlotte Medical Malpractice Claims With Experienced Counsel And Advocacy
At Brown Moore & Associates, PLLC, we have handled hundreds of medical malpractice claims. We know how to prove this high standard and hold negligent parties accountable. Contact our office today to see if you have a claim for which you should meet with an experienced local medical malpractice lawyer in:
Our firm’s attorneys have significant experience handling complex medical malpractice cases, including emergency room errors, surgical errors, failure to diagnose serious medical conditions, and avoidable birth injuries, brain and spinal cord injuries, and wrongful death. Let an experienced medical malpractice lawyer apply years of experience and legal skills in pursuit of helping you obtain a full financial recovery.
Contact Our Charlotte Medical Malpractice Attorneys Today
We invite you to learn more about the full range of services we offer to our medical malpractice clients.
For answers to specific questions about your own experiences — or the experiences of a family member — contact our office here or call toll-free 800-948-0577 to see if our highly skilled medical malpractice lawyers can help.
