Protecting the Rights of Injured Clients

North Carolina Medical Malpractice Attorneys


Medical malpractice can include misdiagnosis, improper treatment, and improper illness management of a patient. Determining the negligence of a medical professional is an important part of seeking compensation, and Hyland, Padilla & Fowler, PLLC can provide knowledgeable legal representation to help you.


  • The doctor, if his or her actions deviated from generally accepted standards of practice.
  • Local, state, or federal agencies that operate the hospital facilities.
  • The hospital itself for inadequate training or improper care, such as problems with medication or sanitation.

North Carolina Statute of Limitations

North Carolina has specific rules regarding the statute of limitations for medical malpractice cases. 

Learn about filing a claim in the appropriate amount of time, so you can receive just compensation.

  • You have three years to file a claim from the date of your injury or illness
  • You only have one year to file a claim from the date your injury is discovered if it is within four years of the commission of the alleged malpractice
  • You have one year to file a claim from the date you discover an object left inside you from a surgery if it is within ten years of the date when the mistake took place

Common Examples of Medical Negligence

Medical negligence can take several different forms. However, you should remember that not every situation in which a person is not satisfied with a doctor or other healthcare provider amounts to malpractice.

To help you determine whether you have suffered an injury caused by medical malpractice, the following are common examples:

  • Misdiagnosis – Missed or delayed diagnosis are one of the main causes of medical malpractice lawsuits. When a doctor misdiagnosis a condition or fails to diagnose a condition in a timely manner, the patient could miss treatment opportunities and make them more prone to serious harm or death.
  • Medication errors – Another common medical error involves prescribing the wrong medication to a patient. A doctor or hospital may make a mistake on the dosage, administer the wrong drug to the wrong patient, or fail to take note of a potentially harmful drug interaction.
  • Surgery errors – This includes making a negligent mistake during the surgery, operating on the wrong body part, leaving surgical equipment inside the body, or making the body vulnerable to post-surgical infections.
  • Anesthesia errors – A minor error by the anesthesiologist can cause permanent injury, brain damage, or even death. Common causes of medical malpractice by an anesthesiologist include failing to go over the patient’s medical history for potential complications or failing to inform the patient of the required preoperative procedures.
  • Birth injuries – Whether it is during pregnancy or delivery, a number of injuries can be caused by medical malpractice to a fetus. Examples of negligent prenatal care include failing to diagnose a medical condition of the mother, failing to identify birth defects, or failing to diagnose a disease which could be detrimental to the mother’s fetus. If the negligence happens during childbirth, it may be the result of failure to anticipate birth complications, failing to discover a tangled umbilical cord around the baby, or failing to administer cesarean when necessary.

The attorneys at Hyland, Padilla & Fowler, PLLC are here to help you maximize your potential recovery*

Proving Negligence in Medical Malpractice

The state of North Carolina has two laws regarding evidence for proving the negligence of a medical professional.

  • First law requires the injured party to provide testimony from at least one expert medical witness through a sworn affidavit.
  • Second law requires the injured party to provide a preponderance of evidence that the failure to meet the accepted standard of care resulted in the injuries, and in emergency room malpractice suits, the injured party must prove negligence with convincing and clear evidence.

The North Carolina medical malpractice lawyers at Hyland, Padilla & Fowler, PLLC can investigate your case to help determine who is responsible for your injuries.

Damages You May Be Entitled to Include:


Who Is Liable in a Medical Malpractice Lawsuit?

It can be difficult to determine liability in medical malpractice cases as many factors need to be taken into. In some cases, the hospital or healthcare facility may be held liable for inadequate training, improper care, and other errors. In other cases, the doctor’s negligence could have been a result of a misdiagnosis, improper treatment, or mismanagement.

Other liable parties in a medical malpractice case may include:

  • Doctors – If their actions deviated from generally accepted standards of practice, they can be held liable.
  • Local, state, or federal agencies that operate the hospital facilities - These entities can be responsible for inadequate training or improper care such as sanitation and medication errors.
  • Hospitals – They may be subject to legal action for negligence if it is found that medical staff did not properly follow protocol and/or caused harm due to a lack of proper training or faulty care procedures in place at the hospital facility.
  • Manufacturers of defective medical devices – If a patient was harmed by a malfunctioning device during surgery, then the manufacturer may bear responsibility for any damages incurred by this error malfunction.
  • Medical laboratory employees – Laboratories must adhere to certain regulations when performing tests on specimens collected from patients. Should they fail to do so, liability could rest upon them as well as other healthcare providers who rely on their results when making diagnoses and treatment decisions concerning individual cases.
  • Insurance companies – In some cases, insurance companies have been held accountable when failing to pay legitimate claims related to medical malpractice suits against their policyholders (doctors).
  • Pharmacies - When a pharmacy makes an error in dispensing medications, it may be liable for any damages that occur due to its negligence.

The North Carolina medical malpractice attorneys at Hyland, Padilla & Fowler, PLLC are experienced in understanding the complexities of a medical malpractice case and can help you to determine which parties may be liable for your injury.

If you were injured due to the negligence of a healthcare professional, contact one of our expert medical malpractice attorneys in Durham, NC for a free case evaluation. We can help you recover the compensation you deserve.

What Do Medical Malpractice Lawyers in North Carolina Do?

When medical negligence causes harm, the victims and their families often have questions about how they can get the compensation they need. Fortunately, there are experienced medical malpractice attorneys who are prepared to help them seek justice and obtain maximum financial recovery.

The best medical malpractice lawyers in North Carolina understand the complexities of these cases and use their knowledge to hold responsible parties accountable for their actions. They also know how to navigate North Carolina’s statute of limitations on filing a claim, as well as how to prove that a doctor or other healthcare provider was negligent in providing care.

Other services provided by medical malpractice lawyers in NC include:

  • Investigating the Negligence of Medical Professionals - A medical malpractice attorney can investigate your claim to determine if a doctor or other healthcare provider failed to provide appropriate care, and whether you have grounds for legal action against them.
  • Filing Claims Within Statute Of Limitations - North Carolina has specific rules regarding the statute of limitations for medical malpractice cases, so an experienced lawyer can help you file a claim within the appropriate timeframe in order to receive just compensation.
  • Proving Negligence In Medical Malpractice Cases - Attorneys understand what is required when proving negligence in medical malpractice cases. They can ensure that testimony from expert witnesses is provided as well as evidence that a failure to meet accepted standards caused your injury or harm.
  • Determining Liable Parties - Determining who may be liable in a medical malpractice suit can be complicated. Lawyers will investigate your case thoroughly and help determine who is responsible for your injuries – such as doctors, local/state/federal agencies operating hospital facilities, hospitals themselves, manufacturers of defective medical devices, and more – so they are held accountable.
  • Maximizing Potential Recovery - An experienced attorney will work with you on maximizing potential recovery by helping you determine any damages you may be entitled to, such as medical expenses, permanent injuries, pain and suffering, and/or lost earnings.

With an expert medical malpractice lawyer in North Carolina on your side, you may be able to recover damages for pain and suffering, lost wages due to missed work, or even wrongful death. If you believe you were injured due to someone else's negligence in North Carolina, contact Hyland, Padilla & Fowler, PLLC today for a free case evaluation with one of our skilled legal professionals.

Legal Guidance for Seeking Compensation

For non-economic damages, including pain and suffering and emotional distress, North Carolina limits the amount of compensation to $500,000, adjusted to the rate of inflation each year. For economic damages including medical expenses, there is no limit, but North Carolina requires two trials if the damages exceed $150,000. At Hyland, Padilla & Fowler, PLLC, our North Carolina medical malpractice attorneys can help you understand the specific laws regarding your case and discuss your options for seeking the compensation you deserve.

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