fbpx
a

Facebook

Twitter

Copyright 2018 Hyland + Padilla, PLLC


All Rights Reserved | Privacy Policy | Sitemap
Site by Digimatiq Marketing, Inc

8:30 AM - 5:30 PM

Open Mon. - Fri. With 24/7 Live Answering

919.419.9933

Call Us For Free Consultation

Facebook

Twitter

Search
Menu
 

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.

  • Carolyn Hunter
    Carolyn Hunter
    2021-06-15
    Google

    Mr Padilla is extremely helpful with your personal injury. His staff is great. I wouldn't go anywhere else. I have worked with Mr Padilla several times over the years. He is a wonderful caring attorney. He will go all out to make his client happy. He will get you resorts. Call him today with your legal needs. I DID!

  • Salik Jennings
    Salik Jennings
    2021-05-19
    Google

    Working with them I found it to be extremely pleasant. I highly recommend their services!

  • thanks Hyland padilla for your help . Very happy and great full with the results . Thank you for helping the Hispanic community very happy with the results blessings. Andre and Stefani did A great job

  • Sean Bann
    Sean Bann
    2021-05-11
    Google

    I would recommend this law firm to anyone needing help with personal injury or Workman's compensation claim, my attorney's name is Mrs. Andrea Fowler and her assistants name is Stephanie and I can tell you for a fact that they both will go above and beyond to make sure that your claim is handled professionally and that the outcome is the best you can get in your favor. Thanks so much for helping me with my cases.

  • Andrea Mcrae
    Andrea Mcrae
    2021-02-12
    Google

    Hello I would like to say that I’ve Been a client of Andrea Fowler for Years, and I can truly say she is very Professional and she is someone That will help you over many hurdles in life. She has been there for me and My family. She will get the job done and done the RIGHT way. She and her team Has been AWESOME!!! When LIFE hits you, you can depend on MS ANDREA Fowler. She will FIGHT For you. So no worries give her and Her team a call and they will listen To your needs and help you. Thank you, ANDREA MCRAE

  • I have a claim on 2009 cover for John Padilla, and he do the best for my intereses, I have opportunity to recommend to others friends of mine, and they have a very satisfactory experience with his firm and his team. Even right now I'm in the middle of a case, and I feel very confident because John Padilla is covering my back Thank John for be a exceptional lawyer, respectful, friendly and professional in you own Gracias John

No Comments

Sorry, the comment form is closed at this time.