Commonly Used Defense Strategies in Charlotte Medical Malpractice Cases

Commonly Used Defense Strategies in Charlotte Medical Malpractice Cases

Charlotte NC Medical Malpractice Lawyer

In medical malpractice cases, the doctors and hospitals accused of injuring patients through negligent care often use a few similar legal strategies. Below are some commonly used tactics that you should watch out for.

They Blame You

Your Charlotte medical malpractice attorney will know that many medical malpractice defenses will argue for contributory negligence. The defense may say that even if they were partly at fault for your injury or condition, you also are partly to blame as well. This may negate part or all of the defense’s liability for your injury. When these cases involve doctors, it is not unheard of to allege that you failed to obey your doctor’s orders and caused or exacerbated the injury.

Playing the Waiting Game

Most criminal and civil charges have time limits, or statutes of limitations. Your Charlotte medical malpractice attorney will know the state-specific laws that set out the time frame that your claim must be made within. Though time may have expired on your medical malpractice claim, there are special exemptions. For example, the Discovery Rule allows you to bring your claim after the time limit if you had only recently discovered the injury or damage done. Upon discovery, you must make your claim within 6 months for it to be valid. A Charlotte medical malpractice attorney will know the statute of limitations for your specific claim so if you are concerned about time having elapsed contact a Charlotte medical malpractice attorney today.

Claiming Immunity

There are certain legal immunities that are available to some medical organizations. These immunities can be for charity, government, or regulatory purposes. Due to the lobbying system, powerful medical agendas have obstructed the reform of medical torts and have made the process for obtaining restitution more difficult. In some cases, there are maximums to the amount of money you may be awarded, depending on your injury. Your Charlotte medical malpractice attorney will be well versed in the latest legal decisions that may affect your path to compensation.

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 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.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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