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North Carolina Medical Malpractice Lawyer. North Carolina Medical Malpractice Litigation Attorney.

North Carolina Medical Malpractice Lawyer

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North Carolina Medical Malpractice Lawyer

Medical malpractice is a legal concept that refers to injuries resulting from a medical professional’s breach of the standard of care. In North Carolina, doctors and nurses must adhere to a specific standard of care, i.e. they must do what another reasonable doctor in their position would do. If you believe you or a loved one is a victim of medical malpractice, be sure to speak with a Primerus North Carolina medical malpractice lawyer today.

North Carolina Medical Malpractice Attorney With Proven Track Record of Success

Not all medical missteps will qualify for compensation under North Carolina’s medical malpractice laws. In fact, a practitioner may only actually face liability if the mistake or error caused the patient’s resulting harm – a connection which is often difficult to prove in complex cases.

Medical malpractice plaintiffs must prove the following four elements in order to prevail:

  • Duty: The defendant owed the patient a duty of care, as established by the accepted standards of medical practice discussed above.
  • Breach: The defendant committed some act (or failed to commit an act) that fell short of the established standard of medical care.
  • Causation: The breach caused the patient’s resulting injuries or made an existing condition worse in a way that would not have occurred but for the practitioner’s negligence or omission.
  • Damages: The plaintiff experienced physical and/or financial harm as a result of the practitioner’s breach.

Contact a North Carolina Medical Malpractice Lawyer

A North Carolina medical malpractice lawyer will notify the practitioner’s malpractice insurance provider of your claim, setting forth the details of the claim and the amount you will seek in damages. Once you have filed the complaint, the malpractice insurer may be more apt to offer a settlement – but it may take even longer, particularly if the medical evidence is scarce or any one of the above-listed elements is hazy.

As a medical malpractice case progresses, both sides will likely need the help of expert medical witnesses to determine whether the physician met (or failed to meet) the accepted standard of care within the particular specialty at issue. Once the experts weigh in, either side may be compelled to settle at the point – or, you may take your case to trial in a North Carolina District or Superior Court.

Speak with an Experienced
North Carolina Medical Malpractice Attorney

Under North Carolina law, there is a time limit of just three years from the date of the injury within which the plaintiff (or his/her estate, if the incident resulted in death) must file the lawsuit or settle a claim. If the malpractice issue is one that the plaintiff could not have reasonably discovered within the three-year window, the law allows an additional one year from the date the issue is discovered – known as the “discovery rule.”

Another important consideration in North Carolina is that of the medical malpractice damages cap – which is currently set a maximum of $500,000 for noneconomic damages. Also, North Carolina requires two trials for malpractice cases involving actual damages in excess of $150,000, one for liability and one for the damages amount.

Medical malpractice cases can be complex but you do not need to go through it alone. The North Carolina medical malpractice attorneys help injured patients navigate the insurance claims and lawsuit process.

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