Lenoir NC Medical Malpractice Lawyer

Medical Malpractice Attorneys – Protecting Your Rights in North Carolina

The medical malpractice attorneys at Wilson, Lackey, Rohr & Hall, P.C. offer experienced legal representation in medical malpractice cases. We handle complex claims, gather evidence, consult professionals, and negotiate to secure your rightful compensation.

A Client-Centered Approach to Legal Advocacy

With a client-centered approach, the medical malpractice lawyers at Wilson, Lackey, Rohr & Hall, P.C. puts your interests first and provides individualized, caring legal counsel to get the satisfactory result for your case.

Understanding Medical Malpractice

Medical malpractice is a complex area of law that impacts thousands of patients annually. When healthcare professionals fail to meet the standard of care, it can lead to serious injuries, prolonged suffering, or even death. But what qualifies as malpractice, and how can you recognize it if you or a loved one is affected?

What Is Medical Malpractice?

Medical malpractice happens when a healthcare professional deviates from the accepted standard of care, causing harm to a patient. This legal concept holds providers accountable for negligence or errors that result in injury, illness, or death. But what does this mean in real-world situations?

When Does a Medical Error Become Malpractice?

Medical errors are common, but not all mistakes are malpractice. For an error to qualify as malpractice, it must meet specific legal criteria, such as a deviation from the accepted standard of care that causes harm. This involves examining factors like negligence, causation, and the standard of care.

The Importance of Holding Medical Professionals Accountable

Medical professionals must provide competent and ethical care, as their decisions impact patient health. While many uphold high standards, errors can occur. Holding negligent parties accountable helps victims seek justice, improves healthcare standards, prevents future mistakes, and maintains public trust in the medical system.

At Wilson, Lackey, Rohr, & Hall, P.C., we help clients manage the complexities of medical malpractice claims, ensuring they receive the compensation they deserve.

Common Types of Medical Malpractice Cases

Medical malpractice occurs when a healthcare professional’s care is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the care. These errors in care can have serious, sometimes devastating, consequences for individuals. While each case is unique, several types of medical malpractice cases are more commonly seen in legal practice. Here are the common cases:

Misdiagnosis and Delayed Diagnosis

Misdiagnosis or delayed diagnosis is a common type of medical malpractice. When a doctor fails to diagnose a condition accurately, patients may not receive timely treatment, worsening their health. For example, not detecting cancer early can prevent life-saving interventions, while inaccurate diagnoses may lead to unnecessary treatments that harm the patient.

Surgical Errors and Complications

One of the common types of medical negligence is surgical error. These can include injuring organs during a treatment, operating on the incorrect body area, or leaving tools within. To repair the harm caused by such errors, more surgeries or ongoing care may be necessary.

Birth Injuries and Obstetric Negligence

Birth injuries can result from improper care during labor, such as failing to monitor the baby's heart rate or using excessive force. These errors can lead to long-term issues like brain damage or paralysis, requiring expert testimony to prove the provider's actions caused the injury.

Medication Errors and Prescription Mistakes

Medication and prescription errors occur when the wrong medication, dosage, or drug interactions are overlooked. These mistakes can lead to harmful side effects, worsening health, or even death. Proper administration and monitoring are crucial to prevent such errors.

Anesthesia Errors

Mistakes with anesthesia can lead to serious complications, such as brain damage, cardiac arrest, or even death. Errors may include administering the wrong dosage, failing to monitor the patient properly, or overlooking potential health risks. Proper dosage and monitoring are essential for patient safety during procedures requiring anesthesia.

Hospital and Nursing Home Negligence

Negligence in hospitals and nursing homes happens when staff fail to provide proper care, leading to harm. This can include neglecting vital signs, incorrect medication, or inadequate supervision, resulting in serious health issues or death.

Medical Malpractice Laws and Regulations in North Carolina

In North Carolina, medical malpractice occurs when a healthcare provider's actions fall below the standard of care, causing harm. The statute of limitations is three years from the malpractice date or one year from discovery. Plaintiffs must provide an expert affidavit to support their claim. If you or a loved one has been affected, Wilson, Lackey, Rohr, & Hall, P.C. is here to help as your dedicated Lenoir medical malpractice lawyer.

North Carolina’s Statute of Limitations for Medical Malpractice Cases

If the injury isn’t discovered right away, the filing period extends to one year from discovery, with a four-year total limit from the malpractice date. For minors, the limit is until their 21st birthday. Concealed negligence may extend the filing period. Contact Wilson, Lackey, Rohr, & Hall, P.C. to ensure your case is filed on time.

The Role of Expert Witnesses in Medical Malpractice Claims

Expert witnesses are key in medical malpractice cases, helping assess if the healthcare provider met the standard of care. They analyze records, explain complex procedures, and testify on how negligence caused harm, making their testimony essential for proving malpractice.

The Impact of Contributory Negligence in North Carolina

If the plaintiff is determined to have contributed, even in a little way, to their injury, contributory negligence may prevent them from pursuing a medical malpractice claim in North Carolina. For instance, even in cases when the healthcare professional is at fault, compensation may not be awarded if medical advice is disregarded. Being one of the few states that still enforces this stringent law, you must demonstrate that your activities did not cause the injury.

Working with experienced medical malpractice attorneys like those at Wilson, Lackey, Rohr, & Hall, P.C. can help you manage this challenge and protect your rights.

Seeking Compensation for Medical Malpractice

To pursue compensation, it’s essential to prove that the healthcare provider’s actions deviated from the accepted standard of care and caused harm. This usually involves gathering medical records, witness testimony, and other evidence to build a strong case. In North Carolina, plaintiffs must also file an affidavit from a medical professional supporting their claim.

Types of Compensation Available to Victims

When medical malpractice leads to injury or harm, victims may be entitled to seek compensation for their losses. The process of securing this compensation involves understanding the different forms of damages that may apply to the specific circumstances of the case. Here are the common types of compensation:

Economic vs. Non-Economic Damages in Medical Malpractice Cases

Economic damages cover the financial losses caused by the injury, such as medical bills, lost wages, and future treatment costs. These are usually easier to calculate because they involve tangible expenses.

On the other hand, non-economic damages address the emotional and psychological toll of the injury. This includes pain and suffering, emotional distress, and loss of enjoyment of life. These damages are harder to quantify but are just as important for helping victims cope with the impact of malpractice.

Both types of damages are crucial for ensuring victims receive the full compensation. If you’ve been affected by medical malpractice, working with experienced attorneys like those at Wilson, Lackey, Rohr, & Hall, P.C. can help ensure all aspects of your case are properly addressed.

How a Medical Malpractice Settlement or Verdict Is Determined

The outcome of a medical malpractice settlement or verdict depends on factors such as the severity of the injury, the healthcare provider's negligence, and the damages incurred. In a trial, a judge or jury determines liability and compensation, while a settlement is reached through negotiation without going to court. 

The Role of Medical Malpractice Attorneys in Maximizing Your Compensation

An experienced attorney at Wilson, Lackey, Rohr & Hall, P.C. can assess your losses, including economic and non-economic damages, and collaborate with medical professionals to strengthen your case. They’ll also negotiate with insurance companies and healthcare providers to ensure you receive fair compensation, and if necessary, advocate for you in court to secure a favorable verdict.

Having a skilled medical malpractice attorney, like the ones at Wilson, Lackey, Rohr, & Hall, P.C., on your side is key to ensuring you receive the compensation you are entitled to for your medical bills, lost wages, pain and suffering, and other losses. Our guidance and advocacy can make a significant difference in the outcome of your case.

Proving Medical Malpractice – The Legal Process

The legal process can be complex, but our experienced attorneys help guide you through it to ensure the desirable outcome. Here are the typical steps we take in a certain case related to medical malpractice:

Establishing a Doctor-Patient Relationship

Establishing a doctor-patient relationship is key in medical malpractice cases, as it shows the doctor had a duty of care to the patient. Without this relationship, it’s difficult to prove the provider’s actions caused harm, making it a crucial element in holding healthcare providers accountable.

Demonstrating a Breach of the Standard of Care

This involves showing that the provider’s actions differed from what a competent professional would have done. Professional testimony is often necessary to prove the care was below accepted standards, leading to the patient’s injury. Proving this breach is crucial for holding providers accountable and securing compensation.

Proving That Negligence Caused Harm

Proving negligence caused harm is essential in medical malpractice cases. It involves showing a direct connection between the provider’s breach of care and the patient’s injury, often with medical records and professional testimony. This link is crucial for securing compensation.

Gathering Medical Records, Professional Testimony, and Other Evidence

Medical records detail the treatment, professional testimony establishes the standard of care, and additional evidence like witness statements strengthens the case. Together, these elements are key to proving negligence and securing compensation.

Frequently Asked Questions About Medical Malpractice Cases