Raleigh Medical Malpractice Lawyer Helping Victims
In choosing a legal team, people often overlook important considerations that could be critical to the success of their case. With an office in Raleigh, the medical malpractice lawyers at Martin & Jones are always accessible. Our legal team knows the local medical community and how to overcome the challenges you face in pursuing your medical malpractice claim. If you suspect you are the victim of medical malpractice, contact a Raleigh medical malpractice lawyer at Martin & Jones to discuss your case as soon as possible.
About Medical Malpractice Claims in Raleigh
Most people think of medical malpractice in terms of the truly egregious cases you hear about through the media. However, mistakes happen more frequently than many people realize and can result in serious health issues and even death. If you suspect you or a loved one are suffering as a result of medical malpractice, a Raleigh medical malpractice lawyer can evaluate your case and help you understand your options.
Understanding the Standard of Care
The main issue in every medical malpractice case is whether the doctor or other medical professional breached the standard of care. The fact that you suffered an unexpected outcome or the treatment was unsuccessful does not necessarily mean that you are the victim of medical malpractice.
The standard of care is the level of care that would be provided in a similar case by an ordinarily prudent health care professional with the same amount of training and experience. Determining the appropriate standard of care in your case and whether it was breached is extraordinarily complex as it requires understanding which facts are important and how the law will apply to your case. Your Raleigh medical malpractice lawyer will work to put these important pieces of your potential case together.
Raleigh Medical Malpractice Lawyer Explains Outlines Some FAQs
What Is The Time Limit For Filing Medical Malpractice Claims?
The statute of limitations for medical malpractice claims in North Carolina is three years from the date of injury or two years from death. There are some exceptions important exceptions:
- Delayed Injury: Claims must be filed within one year of discovery and under four years of the actual event.
- Surgical Errors Involving Foreign Objects: Claims must be filed within one year of discovering the foreign object, and it must be within ten years of the original surgery.
- Military Malpractice: Claims arising under the Federal Tort Claims Act have a strict two-year statute of limitations.
- 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.
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 doctor like
However, medical malpractice isn’t limited to medical doctors; it applies to negligence committed by A Raleigh medical malpractice lawyer can help hold 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.
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 Raleigh 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.
Why You Need a Raleigh Medical Malpractice Lawyer
It is incredibly difficult for non-lawyers to pursue medical malpractice claims. Not only are the facts incredibly complicated, but doctors and hospitals immediately submit any potential claims to their malpractice insurance carriers. This means that lawyers representing the doctor or hospital will be involved almost right away. They will demand strict proof of your claim and will be focused on protecting their client. You need someone on your side who can help you build a strong case so that you can get the money you need to rebuild your life.
Contact a Raleigh Medical Malpractice Lawyer at Martin & Jones
If you suspect that you’ve suffered as a result of medical malpractice, you should talk to a Raleigh medical malpractice lawyer at Martin & Jones as soon as possible. We can review your case, help you understand your options, and provide you with an estimate of what your claim may be worth. To schedule a free consultation, contact us today at 1-800-662-1234.