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Our Medical Malpractice Attorney Outlines Some FAQs

Are the Time Limits to File a Claim the Same for All Malpractice Claims? 

The statute of limitations for medical malpractice claims in North Carolina varies and is complicated.  Therefore, you have a limited amount of time to file, so the sooner, the better.  Examples of situations that vary the timeframe.

• Minors: Medical malpractice law for children depends on many factors. It is essential to consult a Raleigh medical malpractice lawyer to determine an accurate statute of limitations. 
• Delayed Injury
• Surgical Errors Involving Foreign Objects
• Military Malpractice

Who Can Be Held Liable in Medical Malpractice Lawsuits?

In North Carolina, nurses and other licensed medical professionals are not held liable for medical malpractice as they are employees of a hospital or medical doctor. The supervising hospital or doctor is generally held vicariously responsible for the negligence of any licensed healthcare professionals, including nurses, physician assistants, midwives, and lab technicians.

Some of the most common medical malpractice claims involve medical doctors, including 

• Surgeons
• Physicians 
• Anesthesiologists

However, medical malpractice isn’t limited to medical doctors; it applies to negligence committed by almost any professional, organization, or employer in the medical field accountable, including; 

• Licensed Medical Professionals: Dentists, chiropractors, and nursing home administrators are among the licensed medical professionals that do not require direct physician supervision. They can all be held liable for medical mistakes and negligence. 
• Hospitals: Hospitals can be held liable for their negligence. Examples of hospital negligence include; 
  • Hiring unqualified or incompetent staff or licensed healthcare providers.
  • Mistakes or injuries caused by a nursing staff shortage. 
  • Emergency room errors such as patient dumping and infection exposure
• The United States Government: Individuals injured due to negligence at military medical facilities, such as Womack Army Medical Center in Fayetteville, may be entitled to obtain compensation through a military medical malpractice claim. Under the Federal Tort Claims Act (FTCA), the defendant is the United States government and not the individual medical provider.

Where Does Medical Malpractice Take Place?

Medical malpractice can take place anywhere you receive medical care, from a hospital to a clinic or doctor’s office. Medical malpractice claims are most prevalent in hospitals, especially emergency rooms and operating rooms.

How Will I Know If My Healthcare Provider Made A Mistake?

You probably will not know; most health care providers will not let you know when someone has made a mistake. Mistakes happen more often than you think, and many patients recover without issue. Unfortunately, some mistakes are very serious and cannot be fixed.

One of the first indications of potential medical malpractice is a negative result. In some cases, it may be obvious, such as a scar on the wrong location following surgery. In other instances, it is less clear, and you should consult with a medical malpractice attorney if you suspect a mistake was made.

Is It Medical Malpractice Anytime Someone Passes Away or Has a Negative Result?

No. Sometimes, despite the best efforts of medical staff, a patient passes away or does not respond to treatment the way it was hoped. Medical treatment is only malpractice if it fell below the standard of care for that profession. If you believe you or a loved one received substandard medical treatment, you should consult with an attorney.

Will My Medical Malpractice Attorney Be Able to Recover Damages from Multiple Defendants?

Yes, in a medical malpractice claim, multiple parties can be held accountable for negligence. For example, many misdiagnoses occur due to testing errors. It’s essential to understand what caused the misdiagnosis as multiple parties can be held liable. In this case, the hospital, doctor, testing facility, or test manufacturer could be held accountable. 

An experienced North Carolina medical malpractice lawyer will be able to ask the right questions and identify who may be responsible in your case. In the case of misdiagnosis due to a test result error, a medical malpractice lawyer at Martin & Jones may examine: 

• Was the testing error something the diagnosing medical professional should have caught? 
• Did the lab tech who made a mistake due to negligence? 
• Was there a lack of training or testing resources available?  
• Did a hospital-wide system cause the mistake? 
• Was there an unreasonable delay in testing caused by a hospital policy?
• Did the test manufacturer fail to provide warnings or disclose know defects?

Examining every step of the process is essential because it may change who is held responsible for the malpractice. 

Contact Our Firm Today

If you have a question about medical malpractice that isn’t answered here, please contact our firm right away. Our North Carolina medical malpractice attorneys are here to help.

Hear it from our clients

“We hired Martin & Jones in March 2015 and Steven Corriveau became our personal lawyer. Steven is a true professional who is understanding and easy to communicate with. He clearly explained the legal process to us. We are confident in the specific information, advice and feedback he gives us and know that he always has our best interest in the case. He responds quickly to our questions and concerns being available 24 hours a day. As our legal journey continues we look at the number of contacts we have with Steven. There have been 52 plus phone calls and conversations, 50 plus emails, 3 plus personal meetings, and 18 plus legal documents. We are honored to have such a caring lawyer as Steven in a stressful situation, in which he makes the process less difficult. We highly recommend Steven Corriveau who is great, intelligent, persistent and will deliver to the client. Our expectations are very high and Steven is the best.” 

- Ronnie & Patricia

“We would like to express our gratitude to you (Hunt Willis) for accepting our case. First of all, when I called this law firm, a very sweet and kind lady answered the telephone and gave me assurance by asking and going over the accident with me, while my husband was in the hospital. I felt assured I was doing the right thing for us. She was so helpful in so many ways. What a professional lady. Secondly, we are much pleased that you have settled this case with the insurance company to receive the proper amount to assist us in so many ways. My husband and I are very happy with you and the firm in handling our case. You made us have confidence in your professional and integrity along with your assistant Ms. Routh, when you both came to see us in our home, in which we saw your compassion and thoughtfulness at that time. We will never forget what you have done for us, and we thank the lord for directing me to contact this firm. I’m glad I did.” 

- Linda

“I would like to leave a testimonial thanking Steven and Allison for their care and understanding. Steven’s pursuit and success in getting some compensation for our loss. A final closure of our loss of brother Mike. Thanks to Martin & Jones for looking after Mike’s care since his injury in 2005. You have been there for Mike and his family for a long time. Mike passed in 2016 and you stood for the family up to the present (July 2017). Many thanks.”

- Dan

“Thank you for always making me feel welcome and at ease in your office. I respect the work you do and your enthusiasm for it and am grateful for your talents.”

- Tracy

“Thank you for the work you have done for Carl and our family. We so much appreciate your sincere professionalism and kindness you showed us. I know Carl is smiling right now and the Lord has blessed us through you. May God bless you.”

- Connie, whose husband Carl worked as a brakeman for CSX Transportation and died of mesothelioma

“Thank you for your concern of my well-being every time I spoke with you. It always meant so much. I hear nothing but awful stories of dealing with attorneys and their offices, but I have had nothing but positive experience. You have many special ways of working with people in need of help. Words can never express the way your support has been so helpful. I pray you will continue to help others. I wish you all the best.”

- Mary

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