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What Is Medical Malpractice?

Seeking assistance from a health care professional can be a daunting prospect at the best of times. Recognizing you’re unwell and approaching services for help can be an uncomfortable task, both emotionally and financially. Though codes of conduct govern medical practice with patient safety in mind, it’s unfortunate that, on occasion, medical malpractice incidents do occur.

Medical malpractice is a legal term used to describe injury or harm that befalls a patient at the hands of a medical professional performing their duties negligently. Whether said harm occurs from a deviation in protocol or a personal failing on the professional’s behalf, the damage done can be life-changing. “What is medical malpractice?” is a broad question, so read on for further information to better understand if your experience meets the criteria, how much time you have to file, and how a dedicated medical malpractice lawyer can help.

How are Negligence and Malpractice Established? 

Substantial evidence must be brought to light to identify medical malpractice that covers the four D’s; duty, dereliction, damages, and direct cause. The investigating party must identify the point at which the negligent professional’s actions caused injury or harm. Dissatisfaction with the level of service received, or any diagnosis given, does not constitute medical malpractice, assuming the professional acted per guidelines. 

Physical damage is only one of several criteria that constitutes medical malpractice. If you sought medical assistance and received treatment that failed to address your ailment, were misdiagnosed, or were given a clean bill of health, you may have been a victim of medical malpractice. It’s especially egregious if it’s found your condition has worsened due to the professional’s negligence. 

A professional failing to give a patient the ability to provide informed consent is another hazardous situation that may entitle you to compensation. Before any treatment is undertaken, a patient should be given a thorough explanation of what’s to come, and a professional’s failure to do so may constitute medical malpractice.

How do I Pursue a Medical Malpractice Claim?

If you’ve fallen victim to medical malpractice, you must start legal proceedings as soon as possible. North Carolina General Statutes §1-15(c) and §1-52(16) establish that victims of medical malpractice have three years to file a claim from the date the injury occurred or when the loss was discovered. It’s a little-known fact, but medical professionals aren’t actually legally obligated to inform patients if their care has been sub-standard. Hence, you must pursue your claim as soon as you’re able. 

When a negligence suit is filed, you must be able to prove you were under the care of the professional you’re taking legal action against. Evidence must then be gathered to illustrate how said professional failed to meet professional standards and caused you harm as a result. The difficulty of doing so varies case-by-case, with more obvious malpractice, such as a surgery performed on the incorrect body part, for instance, being far easier to prove. 

Damage calculations in medical malpractice cases take into account both economic and non-economic damages. When deciding an appropriate total compensation, physical injury, emotional distress, and financial losses will all be considered. Some of these factors are easier to quantify than others, and the assistance of a lawyer would significantly improve your chances of receiving the compensation you’re owed.

Reach Out to a North Carolina-based Lawyer

With more information to work from on medical malpractice, your next step should be to seek out appropriate representation for your claim. Finding a lawyer who has experience with similar claims to advise you and help you navigate your way through the legal process so you can obtain the compensation you deserve. 

If you’re looking for guidance on what constitutes medical malpractice, or you have a claim you wish to pursue, contact The NYE Law Group by filling out the contact form on this page, or call us at 912-200-5230 to schedule a free case review. We’re always happy to help in your pursuit of justice.

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Charlotte, NC

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Savannah, GA 31401

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402 West Trade Street,
Suite 112
Charlotte, NC

704-862-4177 get directions

2008 Whitaker Street
Savannah, GA 31401

912-732-0249 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 855-856-4212