If you have been injured as a result of a medical procedure or if your medical provider failed to diagnose a medical condition, you may have a claim for medical negligence against the health care provider. An injured person has to meet several criteria in order to establish a claim for medical negligence. First, the injured party has to determine what the standard of care is in the particular field of medicine and community in which the defendant practices and then the party has to establish that there has been a breach of that standard of care by the defendant. Finally, the injured party has to establish that they have been damaged by the defendant’s breach of that standard of care.
In most medical negligence cases, the injured party has to prove negligence by retaining an expert witness who can establish the applicable standard of care and who can testify or state that the standard of care was violated by the defendant health care provider. Damages may include medical expenses, pain and suffering, damages for permanent injuries and loss of earnings. If the person has died as result of the medical negligence, the deceased’s heirs may be entitled to specific damages under the wrongful death statute in North Carolina.
As you can see, medical negligence cases are very complicated and it is very important for the person who has been injured or the injured person’s family to speak to a knowledgeable attorney to review the matter as soon as possible.
There may be other rights available to you. Please contact us or call
(919) 419-9933 for a free consultation.
Medical Malpractice
Hyland & Padilla, PLLC are personal injury attorneys in Durham,
Raleigh, and Chapel Hill, North Carolina
