Medical Malpractice in Wilmington, NC

Medical malpractice arises when a qualified Wilmington, North Carolina doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should carefully review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for Wilmington, North Carolina Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Wilmington, NC medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

• There was a working relationship between the doctor and the patient. 
• There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
• There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
• The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that a patient can sue for currently. 

Unlike many states, North Carolina does not pre-screen medical malpractice cases with a review panel or a certificate of merit. However, North Carolina law requires a Wilmington medical malpractice plaintiff to meet a specific burden of proof. They must prove by a “greater weight of the evidence” that the defendant’s actions did not meet the community standard of care. In addition, expert testimony will typically be mandatory to establish that standard of care.

Hospital Responsibility

You may wonder if you can also sue the Wilmington hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the Wilmington, North Carolina hospital or facility, they are not liable.

The Varying Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

• Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
• Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
• Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the medical procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

• Misreading or ignoring test results from the lab
• Making surgical errors
• Not following up properly or not offering adequate post-care
• Performing unnecessary procedures or surgeries

Damages Available in Wilmington, NC

There are three types of damages a court will award for medical malpractice.

• General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
• Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
• Special Damages – Damages for expenses from medical bills and lost wages

North Carolina statute limits some types of Wilmington medical malpractice damage awards to $500,000. However, the limit is only on noneconomic damages, such as those for pain and suffering. There is no statutory limit on economic damages, such as medical costs and lost wages. Furthermore, this limit does not apply in cases of death or permanent disability. Additionally, there is no limit if the defendant’s actions were willful, malicious, grossly negligent, fraudulent, or reckless.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

In a Wilmington medical malpractice case, the statute of limitations is typically 3 years from the date of the injury. However, if the injury was not immediately apparent, a Wilmington plaintiff has one year from its discovery to file the case. Nevertheless, regardless of discovery date, most cases must begin no more than 4 years after the injury date.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision, but the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

North Carolina does not require a medical review panel prior to Wilmington malpractice litigation. However, insurance companies must report malpractice payouts to the North Carolina Medical Board. The Board can investigate a Wilmington physician’s conduct, separate from the judicial process, and determine whether administrative sanctions are appropriate. In addition, the Board can also conduct investigations in response to consumer or facility complaints. Disciplinary action may include fines, practice restrictions, or even license revocation.

Do I Need to Hire an Attorney?

Medical malpractice claims in Wilmington, North Carolina can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney or an attorney in Wilmington that has a focus on medical malpractice.

A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

• Build your case
• Collect important evidence
• Find expert witnesses to testify on your behalf
• Help you prepare for the malpractice review panel
• Take your claim to court

Work with an Experienced Local Lawyer in Wilmington, North Carolina

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Wilmington attorney who is familiar with such cases. We can even help you connect with an attorney across North Carolina state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!