Carolina Accident Lawyers

What You Should Know About North Carolina Medical Malpractice Claims

What You Should Know About North Carolina Medical Malpractice Claims

Charlotte NC Medical Malpractice Lawyer

As per North Carolina law, you have a legitimate medical malpractice claim if you can establish that your medical care provider violated or breached the standard of care during your treatment. If he/ she used practices that are not generally accepted or employed by healthcare professionals practicing in the same area, it may become grounds for a successful malpractice claim, However, you should be able to show that these practices caused you the injuries that are the basis of the personal injury claim that you are filing.

Is your personal injury claim limited to treatment?

Typically, personal injury claims are filed when a specific practice/ treatment by the doctor has caused injury to the patient. However, a claim can be filed even if he/ she has given you a misleading/ mistaken diagnosis, used atypical practices during surgery or while administering anesthesia. In effect, if the doctor has employed a practice that is not deemed as ‘standard’, in any aspect of medical care provided to you and you have been injured as a result, you may have good grounds to file a medical malpractice suit against him/ her.

Statute of Limitations

In North Carolina, the statute of limitations for medical malpractice suits is set as follows:

Within three years after the date when the injury was sustained or death occurred

  • One year after the injury was determined/ discovered if it was such an injury that it is reasonable to believe it escaped notice immediately after the malpractice. In such cases, the statute of limitations allows a period of four years within which you can file the claim.
  • If the malpractice claim is about an object left inside the patient’s body (for example, surgical instruments left inside the body after surgery), the case must be filed within a period of 10 years from the date when the malpractice occurred.

Why should you be aware of the Statue of Limitations?

The Statute of Limitations lays the deadlines within which you need to take remedial legal action to claim damages. If you have failed to file the suit within these time limits, you lose the right to claim compensation. When you suspect that your doctor is guilty of malpractice, talk to a medical malpractice lawyer in North Carolina immediately. This will help you take the right action within the right time frame so that your right to compensation is fully protected.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.

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