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Medical malpractice is the last thing on most patients’ minds when they go in for a medical treatment or procedure, but it happens all too often in North Carolina. And when it does, the victim is entitled to compensation. If you or a loved one have been injured by the negligence of your medical provider or hospital, an experienced Southern Pines medical malpractice lawyer could help. Call a compassionate personal injury attorney to set up a consultation.

Standard of Care for Southern Pines Medical Providers

Medical providers make mistakes, and the courts do not typically require doctors or other healthcare workers to be perfect. Rather, when considering a medical malpractice case, the courts will ask whether a medical provider failed to adhere to the accepted standard of care for their specific medical field. When a medical provider has failed to uphold the standard of care, they may be found liable for any injuries or complications that occurred due to that failure.

Establishing Medical Malpractice

To establish the standard of care, a Southern Pines medical malpractice lawyer could consult with medical experts in the same practice area as the medical provider who caused the victim’s injury. The medical expert can testify in court as to whether the responsible medical provider breached the reasonable standard of care for their field.

Some mistakes are more straightforward and are sometimes automatically considered medical malpractice, such as leaving sponges or medical tools inside a patient’s body. An experienced Southern Pines medical malpractice lawyer could help a victim understand the type of records and testimony necessary to establish what constitutes medical malpractice in a North Carolina court.

Common Types of Medical Malpractice Cases in Southern Pines

There are a number of different types of medical malpractice cases. When a medical provider commits malpractice, they could cause serious injuries, complications, or even death. Some of the most common medical malpractice claims in Southern Pines include but are not limited to:

  • Misdiagnosis, failure to diagnose or delay in diagnosis
  • Prescription medication errors, including drug interactions or undisclosed or unforeseen side effects
  • Surgical errors, including operating on the wrong body part, or leaving medical tools or products inside a patient’s body during surgery
  • Anesthesia errors
  • Birth injuries
  • Failure to run adequate testing

Damages in Medical Malpractice Cases

Victims in medical malpractice cases may be eligible for a number of different kinds of damages, including the reimbursement for the cost of any revision surgeries, hospitalizations, new medications, and treatment of exacerbated conditions.

Victims may even be eligible for punitive damages if the medical provider acted especially egregiously. For instance, if a hospital had prior notice that a medical provider was engaging in malpractice or misconduct, but the parent organization did not respond or looked the other way, this could result in an award of punitive damages. An experienced medical malpractice lawyer in Southern Pines could investigate the entire situation, including whether there were prior complaints against the medical provider.

Limits on Cases

North Carolina caps its allowable noneconomic damages, including punitive damages, at $500,000. The amount may be adjusted for inflammation though. However, economic damages, such as actual losses and medical expenses, do not usually have a cap in North Carolina.

The time limit in North Carolina for filing a medical malpractice claim is typically three years from the date of the injury, though there may be exceptions for patients who were not aware of their injury at the time.

Speak with a Southern Pines Medical Malpractice Attorney

No matter how severe your medical malpractice injury, a Southern Pines medical malpractice lawyer could help you move forward as you try to recover from your injuries. An attorney could do this by assessing your case, establishing negligence, calculating damages, and advocating for your right to compensation. If you have been harmed due to medical malpractice, contact a legal professional today.