North Carolina General Statutes (GS) §§ 90-21-11 and 12 note that medical malpractice involves personal injury resulting from a provider in any health care field failing to offer the same standard of care that another practitioner would reasonably have provided. This mistreatment could occur through negligence, failure to communicate medical needs, surgical mistakes, or another form of mistreatment.
If you believe that either you or a loved one have suffered from the kind of mistreatment from a medical professional in the Triangle area, you have the legal right to fight for compensation for your losses.
A Durham medical malpractice lawyer can look over your case and help you determine what types of compensation you could recover based on the losses you endured.
Call the team at Ben Crump Law, PLLC, today at (800) 641-8998 for a free, no-obligation case review.
Discuss Your Case with a Durham Medical Malpractice Lawyer
The team with Ben Crump Law, PLLC, recognizes the challenges you currently face after a medical malpractice incident. That is why we want to help you take legal action against those who might have wronged you. Together with a Durham medical malpractice lawyer, you can determine the identity of the liable party, determine the extent of your losses, and decide what compensation you could recover.
For a free legal consultation with a medical malpractice lawyer serving Durham, call (800) 641-8998
How to Address Medical Malpractice
To kick off your case, you can work with a medical malpractice attorney to determine your claim’s viability. While you may have incurred substantial losses due to medical malpractice, you must prove by a preponderance of the evidence that an attending medical professional or institution is responsible for your losses if you want to fight for compensation.
Instances of medical malpractice include but are not limited to:
- Mistakes made during surgery.
- Refusal to share medical information with appropriate individuals.
- The administration of inappropriate medication.
- Giving the wrong dose of a medicine.
- Failing to order diagnostic tests that would have revealed a disease before it progressed.
All these instances involve a violation of a medical professional’s duty of care to you or a loved one. However, you must still prove that your injuries resulted from acts or omissions by the party in question and that they would not have occurred had the party not made these mistakes while caring for you.
Durham Medical Malpractice Lawyer Near Me (800) 641-8998
Medical Malpractice Settlement Offers
A hospital or attending medical professional might reach out to you through an insurance adjuster or defense attorney after a case of medical malpractice comes to light with a potential settlement agreement.
You do not have to accept this settlement without consulting a Durham medical malpractice lawyer first. An attorney can review the offer and calculate your potential compensation, comparing their calculations to the settlement offer that you receive. If you believe that the settlement presented to you fails to meet all your needs, both present and future, your lawyer can negotiate with the potentially liable party on your behalf.
How a Durham Medical Malpractice Lawyer Can Represent You
You do not always have to go to court if you want to pursue compensation after a case of medical malpractice. Instead, you can work with a medical malpractice attorney to fight for compensation in the environment where you feel most comfortable.
In a similar vein, you can also work with a medical malpractice lawyer to draft a demand letter, should the potentially liable party fail to reach out to you. In your demand letter, you can outline how the offending party failed to attend to their duty of care and, as such, has liability for your losses. Should the receiving party accept your claim, a Durham medical malpractice lawyer can negotiate for a settlement on your behalf to recover damages for:
- Medical expenses
- Lost income
- Reduced earning capability
- Pain and suffering
If the malpractice led to the death of a loved one, you also could recover the following in a wrongful death claim:
- Funeral and burial expenses
- Loss of companionship
- Loss of financial support
Drafting a Complaint
The medical professional who you hold responsible for your losses might not acknowledge their failure to provide the duty of care they owed you. In that case, you can work with a Durham medical malpractice lawyer to craft a complaint to file in court. In this complaint, you can outline:
- The party or parties that you want to hold liable for your losses.
- The evidence you may have to back up your claim.
- An estimate of the damages and losses you have incurred.
A court can consider your complaint so long as you submit it within the time limits outlined in GS §1-15. Determining the exact time limit that applies to your cause of action might be confusing, and a medical malpractice attorney can assist with ensuring you file your case before it expires.
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A Durham Medical Malpractice Lawyer Can Walk You Through Your Recovery
When you find yourself contending with medical bills after a case of medical malpractice, you may feel reluctant to take on any additional expenses. The team with Ben Crump Law, PLLC, recognizes this feeling and wants to help you fight for justice, which is why the firm operates on contingency.
Firms that work on contingency make it easier for you to pursue legal action without worrying about legal fees. You will not receive a bill when working with the firm until your case reaches a conclusion. Even then, you will only receive an invoice for services rendered if a court awards you compensation for your losses or you recover a settlement from the at-fault parties.
If you or a loved one recently suffered injuries because of medical malpractice, you could pursue legal action against those parties who you believe caused your losses. A Durham medical malpractice lawyer can help you fight for compensation and justice after your mistreatment at the hands of the offending medical professionals.
You can call Ben Crump Law, PLLC, today at (800) 641-8998 to schedule a free, no-obligation case evaluation with a team member.