Insights on Finding a Medical Malpractice Lawyer in NC and Filing a Claim
If you have questions about medical malpractice in North Carolina, including how to find a lawyer or file a claim, you’ve come to the right place. We’re answering frequently asked questions on this complex topic to help you get a handle on your case and get started. Learn more about medical errors and negligence from our experienced attorneys:
What Kind of Lawyer Do I Need to File a Medical Malpractice Claim?
If you are the victim of a medical error a healthcare provider made, and you want to file a claim, you need to find a specialized medical malpractice lawyer practicing in Raleigh, North Carolina, or a city near you. Medical negligence is frighteningly common. In fact, research has shown that medical errors are one of the leading causes of death in the United States.
Finding a medical negligence lawyer capable of presenting complex medical evidence to a judge or jury in an understandable way is a must. Medical malpractice attorneys in North Carolina need to be familiar with state laws and legal requirements for filing a claim and must also be well-versed in the medicine behind the claim. They work in consultation with medical experts to present the necessary evidence at trial required to prove your medical malpractice claim.
What Is a Medical Malpractice Attorney?
A medical malpractice lawyer is a legal representative for victims of medical negligence who has experience litigating claims that arise out of a healthcare provider’s negligence. A medical malpractice attorney has experience not only in the courtroom but also in negotiating to obtain a settlement prior to trial.
What Constitutes Medical Malpractice?
Many actions constitute medical malpractice or medical negligence, including failure to diagnose, botched treatment, delayed diagnosis, failure to get informed consent, wrong-site surgeries, medication errors, birth injuries, and negligent omissions such as failing to order a specific test or to deliver your medical results in a timely manner.
Medical malpractice by a healthcare provider that results in harm to an individual is often resolved by a civil (and sometimes even criminal) claim.
There are four elements of a medical malpractice claim:
- A duty of care is owed by the healthcare provider to a patient
- The healthcare provider fails to fulfill their obligations by providing services that are below the standard of care. This means the care they provided is not at the level that a similarly trained professional would have offered under the same circumstances.
- The healthcare provider’s services directly caused the patient to experience harm.
- The patient incurred damages as a result of this harm.
When Is Medical Malpractice Criminal?
A medical malpractice case warrants criminal charges when the harmful act was intentional; these cases are rare because most doctors protect patient health and would not purposefully hurt or injure a patient. If the district attorney or prosecutor can prove that the healthcare provider has intentionally caused harm or acted recklessly, then the state can file criminal charges. Examples of this include a healthcare provider practicing beyond the scope of their license or performings surgery under the influence of alcohol or drugs.
When Do I File a Medical Malpractice Claim?
Due to the statute of limitations, victims of medical errors should file malpractice claims as soon as the injury and the cause of harm are discovered. The statute of limitations in North Carolina governs how long you have to file a medical malpractice claim. If you wait too long, you may lose your opportunity for a civil lawsuit. In North Carolina, you typically have three years from the date of the medical negligence to file your claim. If the negligence results in a death, then you have only two years from the alleged negligence to file your claim. Other factors can influence this timeline, so it’s best to consult with an attorney who understands these specific laws.
How Do I Find a Medical Malpractice Attorney?
You’ll want to research local law firms to find a medical malpractice attorney who specializes in these cases, and one that is reputable, honest, and competent. We recommend using this list when finding and vetting malpractice attorneys to ensure you’ll get the legal representation you deserve:
1. Ask People You Trust for Referrals
If you have worked with a lawyer on any legal matters before, they can be a great resource, and you should start by asking them for referrals. They may have colleagues they can point you to who excel in the field of medical malpractice. Friends, family, and others in your network may also know of lawyers who have successfully handled medical negligence claims. Finally, you can also consult professional groups or organizations, including the State Bar Association, for a list of medical malpractice attorneys in North Carolina.
2. Make Sure You Hire a Lawyer Who Has Handled Medical Malpractice Cases Before
Medical malpractice cases involve complex issues an experienced lawyer who is familiar with both the medicine and the law is best suited to handle. Most people do not know how to file a medical malpractice claim, and that’s okay—a malpractice lawyer in Raleigh, Durham, or a surrounding North Carolina community will help you file in accordance with state laws. Many states require that your medical malpractice claim be certified by an expert before you can file a lawsuit. You want to be sure your attorney understands the law and procedural requirements of filing a medical malpractice lawsuit. In addition, you want to hire an attorney who has experience negotiating with medical malpractice insurers to settle claims out of court, but who is also prepared to go to trial if necessary.
3. Make Sure You Understand the Fee Structure for Your Specific Attorney
If your attorney isn’t up-front about the law firm’s fee structure—ask. You don’t want to get hit with a surprise bill later or spend all of your compensation on hiring a lawyer. Most medical malpractice lawyers work on a contingent fee basis. This means that their fees are conditional upon a successful outcome to your case. Typically, this results in paying your lawyer a percentage of the money you recover.
4. Keep Track of Additional Legal Expenses
Knowing how to manage your expenses when you file a medical malpractice claim in North Carolina is another factor to consider. There are significant legal costs incurred during a medical malpractice claim compared to other kinds of injury claims. Malpractice cases rely heavily on expert testimony. and these specialists charge fees to review your records and consult on your case. Some firms and lawyers require you to pay expert fees and attorney travel expenses, regardless of whether you win your case. So, make certain you’re aware of the rules and policies before choosing a medical negligence lawyer. Our medical malpractice lawyers at Miller Law Group in Raleigh do not ask clients to pay these expenses unless we obtain a monetary recovery for you.
Who Pays for the Medical Malpractice Lawsuit? Do Medical Malpractice Attorneys Get Paid on Contingency?
The clients pay to file a medical malpractice lawsuit, but not all law firms collect this payment in the same way. Most medical malpractice lawyers get paid on a contingency, which means their fees are conditional upon a successful outcome. Typically, you pay a lawyer a percentage of the money you recover when you enter into a contingent fee agreement.
Miller Law Group doesn’t require you to pay for other costs, like expert fees and attorney travel expenses if you don’t win your case. But some law firms collect payment for these fees regardless of the outcome, so make sure to inquire about the attorney’s policies.
Don’t Suffer in Silence – Connect With Attorneys Who Care
If you or someone you love has been the victim of medical malpractice, please know that you are not alone. At Miller Law Group, we believe that every victim deserves justice, and we will work hard to ensure that your losses are acknowledged and properly compensated. Find the right team of medical malpractice lawyers to assist you right here in Raleigh, North Carolina at Miller Law Group. Get in touch with us today.
