Charlotte Medical Malpractice Lawyers

A Charlotte medical malpractice lawyer is different that a general personal injury attorney. These specialized lawyers have the experience, training and knowledge necessary to successfully represent clients through highly complex medical malpractice cases. Working with a trained attorney with regards to an injury that occurred as a result of medical malpractice is the best way to ensure that you will be fairly compensated for any injuries that occurred because of the incident.

Contributory Negligence in North Carolina

The insurance company that represents the medical professional is going to look for any signs of contributory or comparative negligence on the part of the patient. Your Charlotte medical malpractice lawyer will provide specific information on how this can impact on your case, however it is important to know that if any contributory negligence is found you will not be eligible for full compensation. Contributory or comparative negligence occurs when a patient does not follow the medical health professional's recommendations, which in part or full lead to the injury in question. This is different than a direct action by the medical professional that leads to an injury, which will be fully compensated if proven.

• If you need help with a Medical Negligence Claim, click here to consult with a North Carolina Medical Malpractice Lawyer near you today. This website is for informational purposes only, and nothing stated here should be taken as legal advice.

Caps and Damage Limitations

The state of North Carolina does not limit or cap the damages that can be awarded to an individual based on a medical malpractice claim. Punitive damages, one specific part of the claim, are limited to $250,000 or no more than three times the amount of the value of the compensatory damages awarded. The courts will use whichever of those two values is the largest to set the particular cap on punitive damage awards.

Statute of Limitations in NC

It is important to speak directly to a medical negligence attorney in Charlotte as soon as you believe that there has been an incidence of malpractice. In general all cases will have to be filed within three years of the last incident, or within one year of the discovery of the medical malpractice that caused the injury. In some cases such as a foreign object left in the body during a surgical procedure, the case has to be filed within one year of the discovery but not more than ten years from the original surgical procedure. In addition there must have been some type of injury or damage that occurred because of the malpractice in order to be awarded compensation.