Medical malpractice refers to negligent behavior on the part of medical personnel or a medical facility which may be a hospital or a nursing home. Medical standards of care are violated in cases of medical negligence, and as a result, the patient suffers injury or death. Negligence can be an overt act or a failure to act when medical action was necessary, and either way leads to what would have been preventable injury or death.
What Constitutes Medical Malpractice
Medical negligence or malpractice may include the following types of acts or omissions.
- Failing to provide treatment that would be expected under normal medical standards of care
- Delaying treatment beyond a reasonable amount of time even after a diagnosis has been made
- Failing to diagnose when a diagnosis was possible
- Misdiagnosis
- Negligent handling of medical procedures
- Drug errors
In a case of medical malpractice, you can file for economic damages and punitive damages. The punitive damages cannot exceed $250,000 or a maximum of three times the amount of economic damages, whichever is greater.
Statute of Limitations
Claims for medical negligence in North Carolina must be made within three years from the last negligent act according to the law, or between two and four years from the time the injury from negligence was discovered. If the negligence led to death, the wrongful death lawsuit must be filed within two years of the death.
Contributory or Comparative Negligence
North Carolina law addresses contributory or comparative negligence. According to North Carolina law, the person claiming negligence is barred from any recovery as compensation for medical negligence if that person failed to follow medical advice. In other words, if the patient does not take medical advice then the patient or family cannot sue for damages if there is subsequent injury or death.
Seek Legal Advice
It is important to seek the advice of an attorney who is an expert in medical malpractice law as soon as you discover medical negligence has occurred. Proving negligence requires building a careful case supported by documentation and expert medical witnesses. These types of cases are almost always highly technical and lengthy, and often quite difficult to prove.
In some cases, it is possible to settle the malpractice claim before a court hearing is necessary. The attorney will negotiate with the appropriate insurance companies representing the medical personnel and medical facilities to determine if fair compensation can be agreed upon.
