North Carolina Medical Malpractice Lawyer
We put our trust in our doctors to take good care of us. However, they make mistakes that can cost you your wellbeing. This is unacceptable. You now have to suffer because someone else did not do their job they way they should have. Medical malpractice cases are really tricky so it is important to have a skilled and dedicated North Carolina medical malpractice lawyer. H Bright Lindler knows how these cases work and knows how to navigate the challenges of these claims. Don’t hesitate. Give us a call right away and set up a consultation.
Types of Medical Malpractice Cases We Represent
Medical malpractice is a term that can be used to label various types of negligence. If any of the following applies to you, you might be eligible for a medical malpractice claim:
- A medical professional failed to get informed consent from you
- A medical professional failed to communicate test results
- Medication errors
- A medical professional failed to order appropriate tests
- Untreated infected wounds
- Surgical errors
- Birth injuries
- Misdiagnosis/missed diagnosis
There are more unique scenarios that may be considered medical malpractice.
Don’t Wait to Take Legal Action
You are going to have limited time to bring your claim. The North Carolina statute of limitations, which is the amount of time you are legally permitted to bring a claim, states that you have three years to bring your medical malpractice claim. The statute of limitations for medical malpractice has a lot of specific rules that include:
You have three years from the date of the injury.
You have one year from the date that you discover that there was an injury if you wouldn’t have known that there was negligence at the time that it happened. There is a time limit to that reasonable discovery. These cases have a total statute of limitation of four years from the date of the incident.
You have one year from the date that you discover there had been surgical malpractice. For instance, if someone left an object in your body during surgery, that is malpractice you might not discover until later. With a case like this thought, you may even have ten years from the date of the surgery to bring this claim.
If you are unsure about your claim, it is best to reach out to a North Carolina medical malpractice lawyer as soon as you possibly can.
Medical Malpractice Damages You Can Be Compensated For
North Carolina has put a legal limit on how much you can be compensated for your non-economic damages for your medical malpractice incident.
Your non-economic damages are things like your pain and suffering relating to the malpractice incident. It may also be any loss of quality of life you experience like a loss of enjoyment in life that was a result of malpractice. There was a law passed on 2011 that put this cap on your non-economic damages for medical malpractice. It states that you cannot receive more than $500,000 compensation in non-economic damages. Since 2014, the dollar amount has been adjusted each year to account for inflation.
Note that these caps do not apply if your case involved malice/gross negligence as well as visible scarring and disfigurement.
Your economic damages will not be limited. Economic damages are things like the medical bills you need compensation for or the earnings you lost from having to miss times at work to recover from your injuries. Note that you will have to have two trials if your damages are going to be more than $150,000; one trial for liability and another for damages.
Required Evidence: Medical Witnesses
To be able to bring your claim, you have to have a medical expert witness work on your claim. This person swears under oath that they will looked at the details of your case and will testify in court to prove that the medical care professional who caused you harm was indeed acting negligently.
Required Evidence: Emergency Room Cases
You have a burden of proof with medical malpractice cases. Most of the time, you have to prove with evidence that the medical care professional likely failed to meet a standard of care and that resulted in your harm. Emergency room cases require that you provide very strong evidence.
Call Our North Carolina Medical Malpractice Lawyer Today
Reach out to a skilled lawyer as soon as you are able to. Don’t delay this at all. You deserve quality representation for your claim. This is a difficult time for you but your claim doesn’t have to be hard. North Carolina medical malpractice lawyer H Bright Lindler is here for you. He knows what tricks the insurance company will try to get rid of your claim. You deserve to have your rights protected when you’ve been so wronged. Get the compensation you deserve from your medical malpractice claim. Call us today.