Medical Malpractice Actions
To make a medical malpractice claim in North Carolina, the plaintiff must show that his doctor or other medical provider violated, or breached, the accepted standard of practice.
North Carolina 90-21.12 defines the standard of practice as generally accepted practices and procedures used in a patient's treatment by
“members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action.”
In addition to violating the standard of care, the medical provider's breach must have caused your injuries in order for you to have a medical malpractice claim in North Carolina.
Proving that there has been a violation of the standard of practice as well as proving that the violation caused the plaintiff's injuries usually requires the testimony of medical experts.
Although treatment is often thought of as what a doctor or other health care provider renders to a patient to alleviate an ailment, disease or other medical condition, treatment can also mean a failure to properly diagnose and treat.
North Carolina malpractice law sets time limits, also known as statutes of limitations and statutes of repose, on bringing medical malpractice claims. Because of the strict time limits on bringing claims, it is important for injured patients to look into hiring a North Carolina medical malpractice attorney as soon as possible after the injury is discovered.
Certain types of damages are capped in medical malpractice actions in North Carolina. Your attorney can explain the damages to which you are entitled. If you have any questions or need assistance in making a medical malpractice claim, contact Quinn Law Firm, PLLC today!