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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.

  • Andre and her assistant Stephanie help me since I was on the hospital great answering my questions and no pressure to get the case I recommend them and if I need it in a future they be my first option

  • Ana N.
    Ana N.
    2019-04-10
    Google

    Great group of lawyers who really care about their clients. If you need a personal injury lawyer, this is the firm for you.

  • Katherine Free
    Katherine Free
    2019-03-19
    Google

    I have been a client of Hyland and Padilla for over 13 years. I am very pleased with their services, their personal attention, and their friendly support. It is always a pleasure to speak with them, no matter how much time has passed. They create a comfortable atmosphere and help to assuage feelings of fear and anxiety, whether in the office, on the phone, or in the courtroom.

  • Juana G.
    Juana G.
    2019-03-12
    Google

    I highly recommend Hyland + Padilla PLLC ! Everything for our case was well explained & the results for my case were better than I expected. Thank you so much!

  • Angelina B.
    Angelina B.
    2019-03-02
    Google

    Son los mejores abogados de compensación laboral en Raleigh. Mi hijo tuvo un accidente en un lugar de trabajo que lo dejó gravemente herido e incapaz de caminar, pararse o sentarse en cualquier posición durante mucho tiempo. Los abogados de Hyland y Padilla se aseguraron de que mi hijo recibiera la compensación que necesitaba para pagar las facturas médicas y reemplazar el ingreso perdido. Definitivamente los recomendaría para lesiones en el trabajo.

  • Julie J
    Julie J
    2018-11-20
    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!

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