Something has prompted you to ask: “What is medical malpractice?” If you believe a doctor or hospital or nurse did something wrong, it makes sense to talk with someone experienced in presenting claims. Medical malpractice or medical negligence cases in North Carolina are often complicated.What is Medical Negligence?
Black’s Law Dictionary defines negligence as “the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.” Negligence is further defined as “ … [t]he failure to use such care as a reasonably prudent and careful person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances.”
Medical errors are somewhat different, in that although they involve negligence in the general sense, in North Carolina there are special rules for presentation of a claim in court. Medical negligence is also known as medical malpractice.
Once again, Black’s Law Dictionary defines malpractice as “professional misconduct or unreasonable lack of skill … failure of one rendering professional services to exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury, loss or damage to the recipient of those services or to those entitled to rely upon them.”
There are very strict requirements for filing a medical malpractice claim in North Carolina, including a filing requirement known as 9(j). Because a statute of limitations does exist and given the relative complexity of such matters, we recommend you speak with a legal professional about the possibility of a claim.Selective about Medical Malpractice/Negligence Claims
Powers Law Firm reviews a limited number of medical claims on an annual basis and often seeks out professional opinions from doctors, medical service providers and lawyers before agreeing to any level of representation.
It may not have been the doctor whom caused the loss but rather supporting medical staff employed by a hospital or care facility such as nurses, therapists and the like. Medical professionals are human and occasionally make mistakes. One need not intend harm to cause damages to you or a loved one.North Carolina Medical Malpractice Attorneys
Unfortunately, medical errors in certain instances can result in catastrophic losses, including permanent injuries, loss of quality of life and even loss of life itself. Obviously most medical procedures carry some incidence of risk and to be frank, medical negligence cases tend to be expensive to present in court and in a surprising number of instances, difficult to prove.
It is for that reason we as North Carolina medical malpractice attorneys limit the number of cases we handle on a yearly basis, as the time and effort associated with presenting a claim can be tremendous. At the same time, we do encourage you to call. We offer a confidential consultation. We strongly suggest you do not assume you either do or do not have a case without speaking to legal counsel.
Time is of the essence, as failure to file a claim or lawsuit within the “statutory” period of time can result in the complete waiver of your right to recover any amount or settlement. Call now for a confidential consultation.