Medical Malpractice Cases in North Carolina: Examples of Malpractice & Compensation Laws
When doctors and other medical professionals make mistakes, North Carolina law allows victims to receive compensation for their injuries. North Carolina medical malpractice lawyer Harry Albritton has taken on some of the toughest cases in the area, and he knows how to win.
If you have been injured, or if a loved one died after receiving medical care, you should give us a call. We can analyze whether you have a valid claim and take the steps necessary to get you adequate compensation.
Examples of Medical Malpractice
A doctor or other health care professional commits medical negligence when they do not follow the appropriate standard of care while treating patients. There are some common examples of medical malpractice that we see:
- Missed diagnosis. The doctor wrongly states that the patient is fine, when, in fact, they have an illness or disease. The patient doesn’t get the care they need in a timely fashion.
- A doctor makes an incorrect diagnosis, which can delay treatment.
- Surgical errors. A surgeon can puncture healthy organs or work on the wrong body part or leave implements inside the body.
- Anesthesia errors. A patient might receive a wrong dose of anesthesia, or problems can go wrong in the operating room.
- Prescription drug errors. A doctor could prescribe the wrong drug or the wrong dosage, which can cause illness or delay recovery.
- Birth and labor injuries. Both moms and babies can be injured by a negligent doctor during labor.
These are only some of the more common medical errors that we see, but there are many others.
Compensation for Injuries
A negligent medical professional can cause considerable economic and non-economic losses. Our attorneys have experience seeking compensatory damages for:
- Medical care. A patient might need corrective surgery or other treatment as a result of medical malpractice. This treatment costs money, which the victim should not have to pay.
- Lost wages. As a result of medical error, a patient might be unable to return to work and should receive compensation for lost income.
Our lawyers have considerable experience calculating the cost of these economic losses. Our clients might also receive compensation for non-economic losses, such as:
- Pain and suffering. Medical errors can cause considerable physical pain.
- Emotional distress or mental anguish. Emotional anguish often exceeds physical pain.
- Loss of consortium. The spouse of an injured victim might have a claim for the loss of their relationship. For example, someone whose spouse is permanently disabled might have lost care, comfort, society, and sexual intimacy.
Punitive damages can punish a defendant for bad conduct and deter other people from committing similarly bad acts. These damages are received in addition to compensatory damages, and it is up to a jury to decide how much will constitute just punishment.
Not every case qualifies for punitive damages, however. Instead, the defendant’s actions must have been malicious or willful and wanton.
North Carolina also has punitive damage caps in place, which limit the recovery to $250,000 or three times the amount of compensatory damages listed above, whichever is greater. If you suffered $60,000 in compensatory damages, for example, then you can receive up to $250,000.
Hurdles to Overcome when Bringing a Claim
Doctors and hospitals have powerful insurance companies working on their behalf, and they aggressively defend against medical malpractice cases. If you are to succeed in your case, you need expert witnesses who can testify about the accepted standard of care and whether the defendant violated it. You might also need expert testimony to connect the doctor’s negligence to your injuries.
With Attorney Albritton and Irons & Irons P.A., our team of medical malpractice lawyers can help you with your case if you contact us. We offer a free initial consultation, so there is no reason to delay.