Medical Mistakes vs. Malpractice in NC 

Understand the mistakes that result in medical malpractice in North Carolina and how to protect yourself if you’re harmed by a healthcare provider. Our malpractice attorneys have seen how devastating these injuries can be and want to help you recognize when an error is worthy of taking legal action.

Medical errors are the third leading cause of death in the United States. A study by Johns Hopkins University revealed that over 250,000 people die every year from preventable medical mistakes.

Increasing your awareness of the errors that happen more frequently allows you to spot potential issues before harm occurs or to make more informed decisions about your care. These errors often fall into a few main categories. Here’s a list of medical mistakes that often lead to malpractice in North Carolina:

• Misdiagnosis: Errors in diagnosis can result in serious injury or death. Often failure to diagnose results from lack of communication, inadequate or improper testing, and understaffing.
• Delayed Diagnosis: Delayed diagnoses happen when a healthcare provider fails to timely access available information about a patient’s condition and take the proper steps.
• Medication Errors: Failure to receive the proper medication, including the correct dosage, can be catastrophic. One of the most common types of medication errors is anesthesia mistakes.

If you believe you have been a victim of medical negligence, speak with a lawyer familiar with North Carolina medical malpractice laws soon. Miller Law Group has over 50 years of experience representing individuals in medical malpractice cases throughout North Carolina—call us for a free consultation.

Medical negligence in North Carolina occurs when a healthcare professional commits an act or omission outside the accepted standard of care. For example, if a nurse fails to follow a doctor’s order, then the nurse may have committed medical malpractice under North Carolina laws.

For medical negligence to be valid in North Carolina, the element of causation must be established, meaning, it must be proven that the healthcare provider’s action caused harm to the patient. If, for example, a nurse fails to follow a doctor’s order, and the patient is not harmed, then the medical mistake does not qualify for a malpractice claim in North Carolina.

Doctors, nurses, and other healthcare providers owe a duty of care to their patients and must provide medical services that meet standards. The medical standard of care is defined as the level of care that a reasonable and competent healthcare provider, with similar background and medical community, would provide under the same or similar circumstances. Therefore, if a doctor’s actions or inactions fail to meet the minimum standard of care, then that doctor has breached his duty of care to his patient. And, if the doctor’s patient is harmed by this breach, then the doctor is liable for medical negligence.

One of the most common types of medical malpractice in North Carolina is hospital negligence. Because hospitals are corporations run by individuals with little or no medical education, financial outcomes often dictate care decisions instead of what is in the patient’s best interest.

When employees, doctors, nurses, and other medical staff make mistakes, the hospital may be held responsible. Some of the common medical mistakes resulting from hospital care include:

• Failure to monitor a patient
• Failure to follow medical orders
• Failure to conduct or interpret medical testing
• Failure to communicate with team members
• Failure to follow hospital policies and procedures
• Failure to properly train and supervise medical staff

Hospital negligence can have drastic consequences, because these patients have often undergone surgery or other procedures that complicate their care.

If you believe you or a loved one has been hurt by medical negligence, it is important to speak with an experienced lawyer who can assess mistakes versus medical malpractice according to North Carolina laws. The team at Miller Law Group knows how to evaluate breaches in care, preserve evidence, and use expert witnesses to prove your claim. Contact our medical malpractice lawyers today for a consultation about your case.