If you’ve been a patient recently who suffered injuries due to the negligence of a doctor, nurse, medical team or others, you may have legal options to explore for filing a medical malpractice lawsuit.
A claim for medical malpractice can be filed by an injured person or family of a deceased person in the event that a healthcare professional fails to use an expected “standard of care” when treating a patient. The courts define this standard of care as what any other reasonable doctor would normally do under the same set of circumstances or very similar ones.
Overall, though, when all is said and done, the plaintiff would have to prove that the medical practitioner’s negligence is what eventually led to injuries or death.
North Carolina General Statutes (GS) 90-21.11 shows that a person can file a medical malpractice lawsuit “…when the civil action (i) alleges a breach of administrative or corporate duties to the patient, including, but not limited to, allegations of negligent credentialing or negligent monitoring and supervision and (ii) arises from the same facts or circumstances as a claim under sub-subdivision a. of this subdivision.”
If you had a surgery where things went wrong, and you suffered permanent injuries or disability as a result of a botched surgery, you likely have legal rights to pursue in a medical malpractice lawsuit, and a Raleigh medical malpractice lawyer can help. Contact Ben Crump Law, PLLC today for a free initial consultation. Our number is (800) 641-8998, and one of our representatives will be delighted to take your call.
Medical Malpractice in the U.S.
A 2018 report by Johns Hopkins University researchers found that more than 250,000 people die annually from errors committed by medical professionals. This brings deaths from medical errors into the top three leading causes of deaths (prior to COVID -19) after heart disease and cancer. However, there are at least some researchers who disagree with those numbers.
Hospitals and medical staff do what they can to uphold their sworn duty in their chosen professions, but mistakes do occur, and people’s lives are either ended or dramatically re-shaped as a result of medical malpractice errors.
For a free legal consultation with a medical malpractice lawyer serving Raleigh, call (800) 641-8998
Types of Practices
Medical malpractice lawsuits can be filed against practitioners of any of the following medical disciplines, in cases of breach of duty with resultant harm to a plaintiff:
- Medical doctors or family physicians
- Medical nurses or nursing assistants
- Surgeons
- Midwives
- Optometrists
- Osteopaths
- Podiatrists
- Lab analysis workers
- Physiotherapists
- Radiologists
- Anesthesiologists
- Others
Maybe you or a family member saw one of these medical professionals, and something happened either in the surgery room or from medications or treatments given at any time in the process. Perhaps you suffered disabling injuries, or a loved one died because of the negligence of the medical practitioner.
In these cases, you are legally able to file a medical malpractice suit with the help of a Raleigh medical malpractice lawyer at Ben Crump Law, PLLC. Contact our firm today to learn more about your legal options in any of these cases.
Raleigh Medical Malpractice Lawyer Near Me (800) 641-8998
Statute of Limitations
North Carolina’s medical malpractice laws show that any claims to be filed against a medical professional for a medical malpractice case must be done within three years.
This time limit is known as a statute of limitations for medical malpractice, and it includes certain rules that are applicable to medical malpractice cases.
- The suit must be filed before three years from the time of injury or death
- Or, the suit must be filed within a year upon the discovery of an injury, if the injury was not immediately noticeable when it happened.
- Or, the suit must be filed within a year after a discovery of a medical object was found inside the person, contributing to harm and damages.
For anyone who has suffered injuries in a medical malpractice negligence case, it’s very important to not lose track of the statute of limitations pertaining to your case. Trying to file a lawsuit after the deadline is much like anything else in our life when you are late with something. You lose your rights to any financial settlement possibilities from a medical malpractice case in a civil case.
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Limitations on Awards
There have been moves in some U.S. states to limit financial settlements awarded to victims of medical malpractice in recent years. This is to try to curb high settlement amounts. This has occurred in North Carolina too.
Due to the alarmingly high numbers that lawsuits were being awarded, the North Carolina legislature voted in 2011 to put a $500K limit cap on pain and suffering costs, also known as “non-economic damages”, in medical malpractice suits. This would apply to cases in which the person who died or became permanently disabled at the hands of a surgeon was not an income earner (like a child, a baby, or even perhaps a mother).
This number is adjusted for inflation, and in 2020, that $500,000 limit was adjusted by the state of North Carolina to $562,338 as the cap limit in these medical malpractice cases. However, this cap does not apply to medical malpractice cases where gross negligence by the medical person is shown, resulting in a patient’s disfiguring or permanent injury.
North Carolina does not presently have a limit for economic damages. But the state does require separate trials to rule on the issues of liability in the first, and the amount of damages in the second. These are usually conducted with the same jury and judge, and the judge can decide to hear both sections of this medical malpractice suit if so chosen.
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Pursue a Medical Malpractice Lawsuit
Doctors and medical professionals are human. They can make mistakes in the heat of a tricky surgery or during after care medical treatment. However, if the medical team has shown gross negligence in the care for you or a loved one, and harm was caused, you may have a right to seek compensation. Contact Ben Crump Law, PLLC today at (800) 641-8998. A Raleigh medical malpractice lawyer can listen to the circumstances of your case and help you explore legal options for a possible decision to sue.
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