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. In general, you have three years to file a claim from the date of your injury or illness, but 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. In addition, 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.
Contact us today to speak with our Durham medical malpractice attorneys.
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:
The state of North Carolina has two laws regarding evidence for proving the negligence of a medical professional. The first law requires the injured party to provide testimony from at least one expert medical witness through a sworn affidavit. The 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.
Call us at (919) 590-0099 for a free case evaluation today.