Durham Medical Malpractice Lawyers
Quality Legal Assistance for Medical Malpractice Cases
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.
- Who may be liable for your injuries in a medical malpractice suit?
- The doctor, if his or her actions deviated from generally accepted standards
- 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.
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
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
Contact us today to speak with our Durham medical malpractice attorneys.
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
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.
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 Durham medical malpractice lawyers at Hyland + Padilla, PLLC can investigate
your case to help determine who is responsible for your injuries.
- Damages you may be entitled to include:
- Medical expenses
- Damages for permanent injuries
- Pain and suffering
- Loss of earnings
Legal Guidance for Seeking Comprensation
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.
Call us at (919) 590-0099 for a
free case evaluation today.