Medical Malpractice

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According to recent research, medical errors account for approximately 250,000 deaths a year in the United States. Patients, such as you or someone you love, put your trust in a physician or hospital, but sometimes that physician or hospital does not do their job, and as a result, there are serious and often devastating consequences.

If you or a loved one has been the victim of a serious medical mistake, we understand how difficult this time can be, and we do not want you to be intimidated by what you are facing. With every victim of medical malpractice RDU Injury Law represents, we do everything in our power to guide, support and obtain them the absolute best possible result.

At the beginning, we work with you to gather all of the relevant facts about your case, including consultations, diagnosis, dates of treatment, prescription medication and wages lost. We then request and gather every medical record that pertains to the malpractice, hire our own experts, and have them thoroughly review the treatment you were provided to determine whether it comports with the applicable standard of medical care. We oftentimes have our clients meet in-person with independent medical professionals to evaluate their conditions and future needs.

At every step of the way, a partner at RDU Injury Law is consistently and directly personally available to answer client questions and provide support.

We have successfully brought medical negligence cases in North Carolina and other states for failure to correctly diagnose life-threatening conditions, surgical and treatment errors, and unnecessary medical procedures and treatment. We know how to uncover substandard medical care and to aggressively bring your case to court.

If you or a loved one is suffering from medical negligence, contact us today for a free, confidential and personal consultation.

Frequently Asked Questions by Medical Malpractice Clients

What Is Medical Malpractice?

Medical malpractice occurs when doctors or healthcare workers fail to provide a standard of care that others within the same medical field consider acceptable. As a patient, you may be entitled to compensation for your damages if you’ve been injured as a result of medical negligence.

How is medical malpractice handled in North Carolina?

Before you may bring a medical malpractice claim in North Carolina, a medical expert who specializes in the same or similar specialty of the healthcare provider who committed malpractice must review your medical records and swear that your treatment failed to comport with the applicable standard of care.

How long do I have to file a malpractice lawsuit in North Carolina?

The statute of limitations in North Carolina is generally three years from the date of injury. For cases involving wrongful death, the statute of limitations in North Carolina is two years from the date of death.

There are a number of exceptions to these rules, and the lawyers at RDU Injury Law can provide you guidance regarding the same.

If you have to file a lawsuit in my case, where would you file it?

In most medical malpractice cases filed in North Carolina state court, the case must be filed in the county where either the plaintiff or the defendant resides or has his or her principal place of business. We’ll assess the pros and cons of filing in each of those possible venues.

What do I need to prove in my medical malpractice case?

Your medical malpractice claim must prove four factors to be successful:

Your healthcare provider had a “duty of care.” The doctor or hospital who injured you must have been responsible for your care and agreed to treat you.

There was a “breach of the duty of care.” The care you received fell below acceptable standards as determined by other medical providers within the same or similar medical community.

The breach of the duty of care “caused” injury. Your doctor or hospital’s negligent care must have caused your injuries.

You suffered significant injury or impairment. The injuries you received must have resulted in significant injuries or impairments, such as lost wages, inability to work in the future, pain and suffering, or permanent injuries.

How much will it cost to hire a medical malpractice attorney?

Our attorneys work on a contingency fee basis. That means that you won’t owe us any money up front, and you won’t pay us legal fees unless we get results.

How do I perform a background check on my doctor?

Fortunately, as of December 2009, new laws have been passed that require the North Carolina Medical Board to provide the public with more comprehensive, professional, and legal information about the medical doctors, doctors of osteopathy, and physician assistants it licenses.

Under the new rules of the Medical Practice Act, the North Carolina Medical Board must publish certain criminal convictions, disciplinary actions by licensing boards and agencies, malpractice history, and adverse privileging actions.

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