Raleigh + Durham Medical Malpractice Attorneys
Dedicated Medical Injury Attorneys in North Carolina
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, PLLC can provide knowledgeable legal representation to help you.
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
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 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 Durham medical malpractice lawyers at Hyland + Padilla, PLLC can investigate your case to help determine who is responsible for your injuries.
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, PLLC, our Durham medical malpractice attorneys can help you understand the specific laws regarding your case and discuss your options for seeking the compensation you deserve.