Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, and anesthesia errors.

Patients have the right to informed consent, meaning you should be informed about the risks, benefits, and alternatives of any medical procedure or treatment. You are entitled to competent care that meets established medical standards, including timely and accurate diagnoses, proper treatment, and appropriate follow-up care. If you suffer harm due to medical malpractice, you have the right to seek compensation for your injuries, which can cover medical expenses, lost wages, pain and suffering, and other related costs.

1. Obtain Your Medical Records: Secure copies of your medical records to review the care you received. These records are essential for evaluating your case and can provide critical evidence.
2. Consult a Medical Malpractice Attorney: An experienced attorney can help determine if you have a valid claim. They will review your medical records, consult with medical experts, and guide you through the legal process.
3. File a Claim: If your attorney believes you have a strong case, they will help you file a medical malpractice claim. This involves submitting a complaint to the appropriate court and notifying the healthcare provider(s) involved.
4. Pre-Litigation Requirements: In some states, including North Carolina, you may need to go through pre-litigation steps such as submitting your case to a medical review panel or providing a certificate of merit from a medical expert.
5. Litigation and Settlement: Your case may be resolved through a settlement with the healthcare provider’s insurance company, or it may proceed to trial. Your attorney will represent you throughout the process, working to secure the best possible outcome.

Medical malpractice claims must be filed within a specific timeframe, known as the statute of limitations. In North Carolina, the statute of limitations is generally three years from the date of the alleged malpractice or one year from the date the injury was discovered, but no more than four years from the date of the incident. Proving negligence requires demonstrating that the healthcare provider’s negligence directly caused your injury, often needing expert testimony and substantial evidence. Additionally, some states have caps on the amount of compensation you can receive for non-economic damages, such as pain and suffering.

Understanding your rights and options in the event of medical malpractice is crucial for protecting your health and securing the compensation you deserve. If you believe you’ve been a victim of medical malpractice, it’s essential to act promptly and seek professional legal advice. At Koontz Law, we are dedicated to helping victims of medical malpractice navigate the complex legal landscape and achieve justice. Contact us today to schedule a consultation and learn how we can assist you in your medical malpractice case.