Medical errors can have devastating consequences.
If you or a loved one has been harmed due to a healthcare provider’s negligence in Charlotte, NC, you may be entitled to file a medical malpractice lawsuit.
This guide from Ben Crump Law will help you understand the legal process and how to pursue the compensation you deserve.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, harming a patient.
This can include misdiagnosis, surgical errors, medication mistakes, or failure to inform patients of risks.
According to the National Practitioner Data Bank, there were over 12,000 medical malpractice payment reports in the United States in 2020.
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Common Types of Medical Malpractice
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition promptly.
- Surgical Errors: Performing the wrong procedure or leaving instruments inside the patient.
- Medication Errors: Prescribing the wrong medication or dosage.
- Birth Injuries: Harm caused to a baby during childbirth.
- Anesthesia Errors: Administering too much or too little anesthesia.
Steps to File a Medical Malpractice Lawsuit
- Consult a Lawyer: Discuss your case with a medical malpractice attorney.
- Obtain Medical Records: Request copies of all relevant documents.
- File a Complaint: A formal lawsuit is initiated.
- Discovery Phase: Both sides exchange information and evidence.
- Settlement Negotiations: Attempts are made to resolve the case without trial.
- Trial: If no settlement is reached, the case goes to court.
Each step requires careful legal guidance to navigate effectively.
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Statute of Limitations in North Carolina
In North Carolina, the statute of limitations for medical malpractice claims is generally three years from the date of the alleged malpractice.
However, there are exceptions, such as cases involving foreign objects left in the body or cases involving minors.
It’s crucial to consult with a Charlotte personal injury lawyer promptly to ensure your claim is filed within the legal time frame.
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Role of Expert Witnesses
Expert witnesses play a vital role in establishing the standard of care and how it was breached.
According to the American Journal of Roentgenology, “In the realm of medical malpractice litigation, the expert witness is asked to define the applicable standard of medical care in a given case and then to offer an opinion as to whether the defendant met that standard.”
Their insights help juries understand complex medical issues.
Potential Compensation
Victims of medical malpractice may be entitled to:
- Economic Damages: Medical expenses, lost wages, and future care costs.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of gross negligence, additional sums are awarded to punish the wrongdoer.
The amount varies based on the specifics of each case.
Medical malpractice can have life-altering consequences.
Understanding your rights and the legal process is the first step toward seeking justice.
A qualified medical malpractice lawyer can guide you through this challenging time and help you obtain the compensation you deserve.
If you believe you’ve been a victim of medical malpractice in Charlotte, NC, don’t wait. Contact Ben Crump Law today for a free consultation and take the first step toward justice.
Don’t face this difficult time alone–contact us today to take the first step toward justice.
About Ben Crump Law
Renowned civil rights attorney Ben Crump founded Ben Crump Law PLLC, believing justice equals respect. His firm is devoted to advocating for the voiceless of our society whenever or whatever kind of harm may have befallen them. From personal injury to labor and employment matters to class action lawsuits and many other types (click to view all practice areas), our attorneys are dedicated to holding the powerful accountable for their actions.
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