
North Carolina Medical Malpractice Lawyers Serving the State
When does a medical mistake become malpractice? If you were injured by a doctor or medical staff during a procedure, it is important to consult with a North Carolina medical malpractice lawyer to determine whether you have a claim. Also known as medical negligence, medical malpractice arises anytime a doctor or other medical staff member’s actions fall below the standard for someone in their position and an individual suffers an injury because of it.
Medical malpractice cases often depend on the unique facts of each case, but there are areas where medical malpractice claims are more common. They include birth injuries, missed diagnoses, anesthesia errors and emergency room errors. Surgical errors, such as operations on the wrong site, are also prevalent. The best way to know if you have a claim is to discuss your situation with a medical malpractice attorney.
If you believe you were injured or a loved one was lost due to the negligence of a medical professional, you should talk to an attorney at Martin & Jones. The attorneys at our firm will listen to your concerns and provide you with an honest assessment of your case, and they will review all of your options with you.
Skilled Legal Help for Medical Malpractice Victims in North Carolina
At Martin & Jones, all we do is help people who have suffered because of the negligence of others. Since 1982, our lawyers have worked tirelessly to provide hope and skilled counsel to thousands of individuals and families.
When a medical professional or the substandard practices of a health care facility cause you or a family member harm, a medical malpractice claim can help protect your rights. You may be entitled to payment of your medical expenses, lost income, future earnings, and pain and suffering. Contact us to find out if you have a claim with issues such as:
- Birth injuries — Cerebral palsy or another type of birth injury to your newborn caused during or following the birthing process
- Brain hypoxia — A brain injury caused by lack of oxygen during birth or another type of medical procedure
- Failure to diagnose — A delayed or misdiagnosed disease or serious injury
- Emergency room errors — An emergency room error or mistake made by medical personnel or a delay in treatment due to understaffing
- Prescription medication errors — Receipt of the wrong medication or an incorrect dosage
- Surgical errors — A mistake made during surgery or while under anesthesia
Our Approach to Medical Malpractice Claims
With every client we represent, our focus is to obtain the best possible result. We do this by harnessing our experience with medical malpractice claims and meticulous preparation.
At the beginning, we will work with you to gather all of the relevant facts about your case, including consultations, diagnosis, dates of treatment, prescription medication and wages lost. We will have you meet with an independent medical professional to evaluate your condition and provide us with the requisite statement to pursue a claim.
Once these details have been gathered, we will meet with you to review your options and develop a strategy for pursuing your claim.
At each stage of the claims process, we will make sure we communicate where we are at and what to expect at the next stage.
Questions about Medical Malpractice
Contact Us for AnswersYou Have a Limited Time to File a Claim for Medical Negligence In North Carolina
Medical malpractice claims are governed by important time limits known as “Statutes of Limitation”, and if a lawsuit is not filed before the Statute of Limitation expires, the claim is forever barred. The laws concerning Statutes of Limitation are very complicated in malpractice claims and can vary based on specifics of the individual claim.
You must factor in the fact that it takes some time to prepare a case before a lawsuit may be filed. If you think you may have a claim, you should talk to a North Carolina medical malpractice lawyer as soon as possible.
What Your NC Medical Malpractice Attorney Needs to Prove for Medical Negligence Claims
How Do I Know If I Have a Medical Malpractice Claim?
A doctor made a mistake and you’re unhappy about it. Can you sue? That depends on whether the four elements of a medical malpractice claim can be established. They are:
- Duty – Show that the doctor owed you a duty. This involves proving that a doctor-patient relationship existed.
- Breach -Show that the doctor breached that duty. This involves proving that a doctor failed to meet a standard of care for his profession.
- Injury – Show that you were injured. There must be some sort of loss/injury that would not have happened if it were not for the error of the doctor.
- Cause – Show that the breach of duty was the direct cause of your injury.
Generally, these elements are satisfied if it can be shown that the doctor’s (or other healthcare provider’s) actions were not what most doctors of similar training and experience would do, and that the doctor’s actions resulted in an injury or loss to a patient.
Understanding the Challenges to Your Claim
Medical malpractice claims are not easy to win. The first part that is challenging is finding out what really happened. Most claims are built on a physician’s notes, which tend to gloss over or downplay their errors.
To succeed, you need to find another doctor who will analyze the case as an expert and testify as to the standard of care and how the physician’s actions did not meet it. It is not enough for a doctor to say he or she would have handled a case differently; the doctor must be able to testify to the standard of care within the medical profession and convince a jury that the physician’s conduct was unreasonable.
Finally, you need to be able to convince a jury that this is true. Juries can be difficult because they are often sympathetic to the doctors.
It is important to hire a lawyer who has the ability to present your case in a compelling way to a jury. Look for a lawyer with a strong track record of handling medical malpractice cases.
For Compassionate Guidance, Contact Martin and Jones
We understand how difficult this time can be and do not want you to be intimidated by what you are facing. Our goal at Martin & Jones is to guide you through this difficult time with the compassion and professionalism you deserve.
Contact us online or call us at 800-662-1234 to schedule a consultation in Raleigh, Durham, and Wilmington office locations. Read more about results we have obtained for our clients and why you should choose us to help you with your case.
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