Was It Med-Mal? North Carolina Laws Decide

Determining whether a poor outcome was medical malpractice (med-mal) can be difficult, but the laws in North Carolina can help you objectively decide. We trust doctors with our health, our injuries, and our lives. However, doctors are still people capable of making mistakes. Some of these mistakes are forgivable, but many can be life-altering. If the effects of negligence or inadequate medical care have caused you significant damages, you may be a victim of medical malpractice (or, as we lawyers like to say, med-mal) and entitled to compensation.

Understanding North Carolina’s medical malpractice laws can be confusing, so let Miller Law Group walk through it with you.

Medical malpractice isn’t regulated federally, so each state may have slightly different laws. That’s why it’s essential to find an attorney experienced with local malpractice regulations. For a case to be considered medical malpractice under North Carolina law, the provider’s care must meet these requirements:

• Violated standard of care. The medical standard of care is what the healthcare field deems as acceptable medical treatment. It is the reasonable care of a patient as is consistent among other professionals in the medical field. If treatment or care falls outside these realms, negligence can be established.
• Negligent care caused an injury. For a medical malpractice claim to be legitimate, a patient must prove they sustained an injury that wouldn’t have occurred in the absence of negligence. A key point to remember: negligence must be a factor in causing injury. If a patient sustains an injury without negligence, or harm didn’t occur, there is no case for medical malpractice.
• The injury produced significant damages. Logistically speaking, the process of a medical malpractice lawsuit is extremely expensive. Between medical experts, testimonies, and legal fees—these cases rack up some costs. Therefore, in order for a medical malpractice lawsuit to be viable, the injury must have significant associated damages from a disability, loss of income, unusual pain, suffering, and/or significant future medical bills.

Many healthcare mistakes can amount to medical malpractice if the situations meet the criteria above. Even if you aren’t a legal expert on North Carolina’s medical malpractice laws, understanding what acts constitute malpractice can be complex. The following list includes common med-mal cases we see in North Carolina:

• Failure to diagnose an illness
• Misdiagnosis of an illness
• Unnecessary surgery
• Misreading lab results
• Surgical errors
• Improper medication or dosage
• Premature discharge
• Poor aftercare
• Failure to recognize symptoms
• Failure to order proper testing
• Disregarding a patient’s medical history

Choosing a med-mal attorney in North Carolina is an essential first step in filing a claim if you or a loved one are harmed by a healthcare professional. These cases are tough to decipher, but Miller Law Group offers free consultation and unprecedented legal care. We believe practicing law is a profession first and a business second, and covenant honesty, personal attention, and our best efforts.

One conversation with attorney Stacy Miller will show you the passion of this Raleigh firm. If you’re having trouble deciding whether you should hire a medical malpractice attorney, please contact us for guidance today.