When Your Back Is Against The Wall

North Carolina Medical Malpractice Attorneys

Dedicated Advocacy for Victims of Medical Errors & Negligence

Many people don’t realize how common medical malpractice is in the United States. In fact, according to a study conducted by The National Practitioner Data Bank, over $4 billion was made in payouts related to medical malpractice in the U.S. in 2018 alone—and this only represents reported instances of medical malpractice where a claim was filed.

It can be devastating to learn that a trusted medical professional and/or facility did not provide you with the standard level of care you expected and deserved. At Lanier Law Group, P.A., we are committed to standing up for the rights of injured victims and their loved ones. Our medical malpractice lawyers in North Carolina medical malpractice attorneys have handled many complex medical negligence cases. We know how to build a strong case, and we are not afraid of pursuing justice and the fair recovery you are owed, even if that means taking your case to trial.

If you or a loved one were permanently injured or disabled, call us at (855) 757-4204 for a free, confidential consultation.

Examples of Medical Malpractice

Everyone makes mistakes, but some mistakes should never happen. This is especially true when a patient’s life and well-being are in another person’s hands. Unfortunately, medical mistakes and negligence happen all the time. They can—and do—take many forms.

Some of the most common types of medical malpractice include:

Note that this list is not exhaustive. Any time a medical professional or medical facility fails to uphold the standard duty of care—which is the level of care another qualified medical professional/facility would have reasonably provided—medical malpractice occurs.

Victims are entitled to seek justice and fair compensation for their damages, including physical pain, emotional suffering, and financial costs from medical bills, lost wages, and more.

Proving Liability in Medical Malpractice Cases in North Carolina

Proving liability in medical malpractice and negligence cases can be difficult because doctors, nurses, and other medical professionals are human, and mistakes are bound to happen.

Just because a doctor fails to immediately recognize the symptoms of an extremely rare disease or does not heal someone with cancer, this does not mean that he or she has committed malpractice.

To prove that medical malpractice has occurred, you will need to show that:

The medical professional/facility in question owed you a duty of care. Showing that you were a patient and that a doctor-patient relationship existed is usually sufficient in proving that the doctor/facility owed you this duty of care.
The medical professional/facility failed to uphold the standard duty of care. This means that the doctor/nurse/hospital/etc. did not take all reasonable action that another qualified individual would have taken. For example, if you visited an emergency room complaining of chest pain but the attending physician did not order tests to determine if you were having a heart attack, this could be ruled negligent and a failure to uphold the standard duty of care.
You suffered injuries, illness, or complications as a result of the failure to uphold the standard duty of care. In the above example, if the attending physician ignored your symptoms and sent you home but you were, in fact, suffering a heart attack and this resulted in serious complications, you may take legal action. You cannot pursue a claim if you did not suffer any injuries, even if the doctor/facility was negligent.
You suffered measurable damages as a result of your injuries/illness/complications. Damages may include things like the cost of additional medical treatment or medications, lost income/wages from time you had to take off work to recover, emotional distress, and more.

At Lanier Law Group, P.A., our North Carolina medical malpractice attorneys can evaluate the various aspects of your claim and determine if you have grounds for legal action. If so, we can help you begin building a case aimed at recovering the maximum compensation you are owed.

North Carolina Medical Malpractice Laws

If you're considering filing a medical malpractice claim in North Carolina, it's important to understand the specific laws that govern these cases. North Carolina has unique regulations that affect how and when you can pursue compensation for medical negligence.

Statute of Limitations

In North Carolina, medical malpractice claims are subject to strict time limits, known as the statute of limitations. Generally, you must file your claim within three years from the date of the injury, or two years from the date the injury was discovered, whichever is sooner. However, if the injury involved a foreign object left inside the body, the deadline to file is one year from the date the object was discovered.

There is an overall time limit, known as the statute of repose, which bars any claims filed more than four years after the date of the injury, regardless of when the injury was discovered. This means if you don’t take legal action within that time frame, you may lose the right to pursue compensation.

Damage Caps on Non-Economic Damages

North Carolina law places a cap on non-economic damages in medical malpractice cases. Non-economic damages include compensation for pain and suffering, emotional distress, and loss of quality of life. The cap is set at $500,000 for non-economic damages, regardless of the number of defendants involved in the case. However, there are exceptions: if a plaintiff suffers disfigurement, permanent injury, or loss of a body part, the cap may be lifted.

It's also important to note that there is no cap on economic damages, such as medical expenses, lost wages, or future care costs. This means that while compensation for pain and suffering is limited, victims can still recover the full amount of their financial losses.

Requirement for Expert Witness Certification

North Carolina requires a certification from an expert witness to move forward with a medical malpractice case. This is a legal document that must be signed by a qualified medical expert who confirms that the defendant failed to meet the accepted standard of care. Without this certification, the case may be dismissed.

The expert witness must be a medical professional in the same or a similar field as the defendant, and they must provide a sworn statement that medical negligence likely occurred. This requirement helps prevent frivolous lawsuits and ensures that only legitimate claims proceed to trial.

Contributory Negligence in Medical Malpractice Cases

North Carolina follows the doctrine of contributory negligence, which can affect the outcome of your medical malpractice case. Under this rule, if the injured party is found to be even 1% at fault for their injury, they may be barred from recovering any compensation. This makes it crucial to work with a skilled medical malpractice attorney who can effectively prove that you were not responsible for your injury.

Medical Review Panel

In some cases, North Carolina may require a Medical Review Panel to evaluate the merits of a medical malpractice claim before it goes to court. This panel consists of medical professionals who review the facts and provide an opinion on whether malpractice occurred. While the panel’s findings are not binding, they can influence the court's decision to allow the case to proceed or encourage settlement negotiations.

Put a Heavyweight in Your Corner

It is no easy task to take on doctors, hospitals, the pharmaceutical industry, and other medical professionals and establishments. You need an experienced legal team that knows how to quickly obtain medical records and gather other applicable evidence to support your claim. You need an attorney who is willing to fight for you and stand at your side until the conclusion of your case. You need Lanier Law Group, P.A..

Since 1997, we have been helping injured individuals throughout North Carolina fight for the fair recovery they were owed. With multiple office locations throughout the state we are fully prepared to help you, too. Our trial-tested attorneys have delivered powerhouse advocacy to injured clients and families in Asheville, Charlotte, Burlington, Durham, Piedmont Triad, Greenville, Fayetteville, Raleigh, and Wilmington. There is no fee until we successfully secure compensation on your behalf.

For a no-cost consultation and case evaluation with our North Carolina medical malpractice lawyers, contact us online or call (855) 757-4204 today.

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*Featured Case Results, Settlements, & Trial Wins From Our Attorneys

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A case with multiple plaintiffs who were potentially exposed to a deadly disease while in the hospital.
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The OB doctor’s negligence caused a delay in the baby’s birth which resulted in the baby suffering of a severe hypoxic brain injury.
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Our client died following an overdose of medication that occurred as a result of the negligence of the nursery staff while they were in the hospital.
$1.2 Million Birth Injury/Developmental Delay
Our client suffers from a severe developmental delay following a birth injury when there were signs of fetal distress that were not responded to.
$500,000 Botched Gall Bladder Surgery
Our client suffered an injury to their common bile duct during a laparoscopic cholecystectomy.
$425,000 Surgical Error
A client had their bowel perforated during a ventral hernia repair.

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There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it's interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don't have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.

- Diane W.
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I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!

- Phillip J.
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Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.

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The staff kept me well informed in a more than timely manner and was always ready to answer any questions I may have.

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The Lanier Law Group provided excellent customer service! My main contact was Denise.

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Great experience. Tish was very helpful as my case progressed and explained all of the steps to me, leaving me with very few questions. Shea was also very helpful during the negotiation process.

- Nyesha B.

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