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What Victims of Medical Malpractice Should Know Before Suing Their Doctors

What Victims of Medical Malpractice Should Know Before Suing Their Doctors

For patients who have suffered a life-altering injury or condition, receiving proper care becomes expensive and cumbersome. The new, challenging condition worsens if victims fear it was caused by a previously trusted physician’s error, negligence, or malice, also known as medical malpractice.

Victims may gain substantial monetary gains to help pay for their care and emotional damages from a medical malpractice suit. Knowing some essential information will help victims decide if they should move forward and key facts to gather.

What Is Medical Malpractice?

Before a victim can file suit for medical malpractice, understand what the term encompasses. Medical malpractice is when a doctor or other medical professionals fail to “competently perform” their medical duties and harm a patient.

What Do You Need To Proof In A Medical Malpractice Case?

To successfully file a medical malpractice case, victims will need to prove a few things:

  • A doctor-patient relationship existed: If a doctor treated you, this would be easy to prove. This condition exists to protect consulting physicians or unsolicited medical advice.
  • Negligence: During the case, your lawyers will need to prove the doctor committed a negligent act in either diagnosing you or an error in treatment occurred. You’ll need to show the doctor caused you to harm in a way that a more competent doctor would not have.
  • The injury caused specific harm: You’ll need to prove you suffered physical pain, emotional anguish, lost earning capacity, and/or additional costly medical care or bills.

How long do you have to file a medical malpractice lawsuit in North Carolina?

Some states have unique rules around medical malpractice. North Carolina enforces as a three-year statute of limitations on patients to file a medical malpractice suit. So, a patient must file the lawsuit within three years of the error occurring. Understanding and balancing this deadline is vital because patients will want to gain Maximum Medical Improvement through therapies before suing in order to demonstrate long-term damage.

However, the three-year rule has some exceptions. Suppose a patient’s injury doesn’t develop immediately after the error occurs and does not become apparent until two or more years since the error. In that case, a patient has one year from the date of discovering the injury to file a malpractice suit.

Another exception is the North Carolina section 1-15 mandates, which prohibits any medical malpractice cases from being filed more than four years passed since the date the medical error occurred unless a foreign object, such as a surgical instrument, is found inside a patient. In this case, the suit must be filed within 365 days of the patient’s discovery of the foreign object, as long as the surgery in which the object was left behind happened within 10 years.

What Should I Do If I Want To File A Medical Malpractice Suit In North Carolina?

If you have suffered an injury or severe condition resulting from a medical error or negligence, call Hyland + Padilla offices immediately. Our team has experienced winning record-setting recoveries in medical malpractice cases. Our expert legal team can guide you in filing a swift suit to help you win damages to pay for your ongoing care.

  • Carlos M.
    Carlos M.
    2019-05-03
    Google

    Andrea fue excelente al ayudarme a lidiar con el seguro después de que alguien me golpeara en la carretera. Su oficina y el personal son muy profesionales!

  • Juliette G
    Juliette G
    2019-05-03
    Google

    Andrea with Hyland and Padilla was extraordinary on my case! She was very professional, courteous and went above and beyond the call do duty to resolve my case with expertise and the least amount of disruption to my life! I want to thank her and all at the firm for assisting me with closure in a very traumatic life event! Thank you for everything you did! Julie J

  • Hussein B.
    Hussein B.
    2019-05-03
    Google

    Thank you Mr Padilla You are truly successful lawyers and deserve all respect and appreciation. Thank you very much for helping me with my case and returning my full legal rights and financial compensation from the insurance company. Thank you. Thank you again

  • Carlos M.
    Carlos M.
    2019-04-18
    Google

    Definitivamente una gran elección! Me dejaron severamente quemado en la mano y el brazo después de un accidente de trabajo. Pude obtener dinero por mis lesiones gracias a Hyland y Padilla. Uno de los mejores abogados de compensación de trabajadores en Durham.

  • Miana I.
    Miana I.
    2019-04-10
    Google

    Working with Andrea and her team was a pleasant and professional experience from beginning to end. Although there were lots of quirks that presented throughout my case, she was always kind, returned all of my calls and answered every question that I had, all with a smile in her voice. She didn't hold back in sharing the not soo fun stuff, however, she also came with suggestions and solutions. She worked really hard to ensure that my case was resolved in a timely manner. I would recommend her 1000%. Even throughout such a difficult time in my life, this was a very positive experience.

  • Karen R.
    Karen R.
    2019-04-10
    Google

    Mr. Padilla and Brenda really took my case seriously. They made sure I received all the care I needed and they were always available if I had questions or concerns.

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