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The
attorneys of Mitchell,
Brewer, Richardson,
Ronnie Mitchell, Coy Brewer and Billy Richardson are experienced
trial lawyers who are well known for their capable handling
of medical malpractice cases. They are well experienced in
successfully handling medical malpractice and other personal
injury cases cases involving injuries caused by the negligence
of others.
Medical Malpractice Cases The negligence of a health care provider is commonly referred to as medical malpractice. Under North Carolina law, patients who have been injured can sue doctors, nurses, hospitals, nursing homes, and other health care providers for negligence. Negligence means failure to do what a reasonably prudent doctor, nurse, or similarly situated health care professional should have done under similar circumstances. To succeed in a medical malpractice case, the patient must prove three things: (1) the defendant was negligent, (2) the patient suffered damages, and (3) the defendant's negligence caused the damages. At a trial, proof of medical malpractice or negligence requires testimony from medical experts. Even before filing a medical malpractice suit, a patient (or former patient) must get a certification from a similarly situated medical expert that the expert believes that the health care provider "breached the standard of care" and is liable for such negligence which caused injuries to the patient. At a trial, proof of medical malpractice or negligence requires testimony from medical experts. (For more detailed information about the various aspects of medical malpractice cases, click on one of the links below or simply scroll down the page for answers to commonly asked questions.) Determining whether you have a medical malpractice case How to find out if you have a case Deadlines to file a medical malpractice lawsuit The following are some of the most frequently asked questions about medical malpractice cases. While this general information may be informative to you, it is not legal advice, and it would be better to consult with an attorney before you make a final decision about your case or claim. You can reach us by telephone at (910) 678-7100 between 8:30 a.m. and 5:00 p.m. Monday through Friday. After hours, you may leave a message for us by dialing the extension of the attorney or staff member you wish to reach. You can page us by dialing 1-800-498-3494 anytime. What is medical malpractice? Medical malpractice is a commonly used term for negligence of a health care provider. Under North Carolina law, patients who have been injured can sue doctors, nurses, hospitals, nursing homes, and other health care providers for negligence. Negligence means failure to do what a reasonably prudent doctor, nurse, or similarly situated health care professional should have done under similar circumstances. Before filing a medical malpractice suit, a patient (or former patient) must get a certification from a similarly situated medical expert that the expert believes that the health care provider "breached the standard of care" and is liable for such negligence which caused injuries to the patient. At a trial, proof of medical malpractice or negligence requires testimony from medical experts. How common are medical malpractice lawsuits? Recently, Harvard Medical School did a study and concluded that less than 5% of cases where patients are killed or seriously injured by true medical negligence ever result in a claim. In other words, most acts of medical malpractice never result in a lawsuit. On the other hand, most malpractice cases that go to trial are lost by the patients. Malpractice cases are time consuming and very expensive to pursue. Often, the doctor or hospital being sued has the advantage in access to the facts of what happened, to experts and to defense funds. Do I have a medical malpractice case where something terrible and unexpected happened; does that mean I have a case? Merely because something unexpected occurs does not mean that medical malpractice occurred. Just as in law, and in life, there are no guarantees in medicine. Death or unexpected complications can result even if no negligence is involved. The only way to know if you have a valid malpractice case is for a lawyer to gather the facts, get your medical records and materials and have the case reviewed by a qualified, medical expert. To succeed in a medical malpractice case, the patient must prove three things: (1) the defendant was negligent, (2) the patient suffered damages, and (3) the defendant's negligence caused the damages. How do I find out if I have a case? Contact Mitchell, Brewer, Richardson. We will be willing to talk with you without charge. There is no fee for a first or second consultation about a medical malpractice or other personal injury case. In fact, we do not charge a fee, unless we recover for you. So, contact us as soon as possible. What should I do before I see an attorney? Before seeing us, if you have the opportunity to do so, write out a story of what happened in the order the events occurred. Include as many names and exact dates as you can. Make sure you know all or most of the doctors you have seen. Gather together all of your medical records, bills and prescriptions. Then, come to see us or request that we go to see you. You will need lawyers who are experienced in handling medical malpractice cases. Contact us as soon as you can. You have only a limited time within which to file a medical malpractice case, and it may take months for the lawyer to order all of your records and have them reviewed. In almost all cases, the law requires an expert medical witness to testify the defendant's negligence caused the injuries or death in question. The lawyer will usually have the case reviewed by an expert before deciding to proceed further, which will also require additional time to determine. What are the deadlines to file a medical malpractice lawsuit? Generally speaking, North Carolina law gives patients three years from the date the negligent act or omission occurred to file suit. If a death results from negligence, then a suit must be filed within two years. Shorter deadlines may apply and in some situations extensions of time may be obtained to file a complaint. The law concerning deadlines to file medical malpractice cases is confusing. There are number of differences for filing suits in medical malpractice cases. Yet, most courts strictly impose deadlines in favor of the doctor and hospital and against the patient. It is almost always necessary to consult a lawyer to determine what the applicable deadline to sue is in a particular situation. When in doubt, assume the deadline to sue is sooner rather than later since failing to meet such a deadline can forever destroy your right to sue. What if I did not know malpractice was committed? In some situations, the the statute of limitations for filing a malpractice suit may be extended if the negligence was undiscoverable or not discovered until just before the deadline (or even after the deadline). Clearly, you will need to consult a lawyer to see what deadline actually applies. Do not assume that you will have more time just because it took a while to discover that negligence occurred. Contact us We can be reached by telephone at (910) 678-7100 between 8:30 a.m. and 5:30 p.m. Monday through Friday. After hours, you may leave a message for us by dialing the extension of the attorney or staff member you wish to reach. For a list of attorneys phone extensions and staff members' extensions : click here You can call us by dialing 1-800-678-2669 anytime. You can reach us by e-mail at FirmMail@mbr-law.com For a list of and automatic connection to the e-mail addresses of attorneys and staff members, click here . Links to other pages:
© 2000 Ronnie M. Mitchell - no claim to government works or copyrighted materials
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