Medical Malpractice

You rely on hospitals and healthcare providers to keep you and your loved ones safe — to make them better, not worse.

You turn to the medical community in life’s most important times — like the birth of a baby or in times of illness or injury. When that trust is betrayed, through neglect, poor care or failures within the healthcare system, and you or a family member is injured as a result, you may have a medical malpractice claim.

We strive to make medical care in your community better by holding healthcare providers accountable for medical errors that leave patients severely injured or cause their death. We have decades of experience pursuing healthcare providers — including doctors, mid-level providers, nurses and hospitals — for medical negligence. We also have experience representing healthcare providers, which gives us an inside edge in advocating for our medical malpractice clients. If you or a loved one was injured due to the negligence of a healthcare provider or hospital, we may be able to help.

 

What is medical malpractice?

Medical malpractice claims can fall into many different categories. Some, but not all, of those categories are listed below.

 

  • Anesthesia injury

  • Birth injury

  • Neonatal care injury

  • Brain injury from untreated jaundice called kernicterus

  • Emergency room error

  • Failure to timely diagnose a condition 

  • Failure to timely treat a condition

  • Misdiagnosis

“Before I met you, I had no idea what life had in store for my family. Meeting with you was one of my best decision I ever made. The support and caring went beyond my wildest expectations. I now live a life I never dreamed of thanks to the best lawyer Kristen.”
— L.W.

What damages can you claim?

It depends on the state what damages you may claim.

When you or a family member has been injured or killed by the unsafe acts of a company or person, you may have a personal injury or wrongful death claim. While the law cannot undo the injury or bring back your loved one, it may provide monetary compensation for you or your family. While it depends on the state, in general, you or your family may have claims for the following under the law.

PERSONAL INJURY DAMAGES

For those who have suffered physical or emotional injuries because of the unsafe actions of a business or person, the law may permit you to recover past and future medical expenses and lost wages as well as amounts for physical and mental pain and suffering, loss of a body part or use of a body part, permanent injury, scars and disfigurement. If you or your loved one was married at your time of injury, your or their spouse may be able to recover losses, including their lost services, society, affection, companionship and sexual relations. 

WRONGFUL DEATH DAMAGES

If your family member was killed by the unsafe actions or inactions of a company or person, the law may permit recovery for medical expenses, funeral expenses, physical and emotional pain and suffering and the loss of the value of the life. Depending on the state, the value of the life may be measured from the perspective of the person who died or the family that lost the person who died. Lost future wages and support may also be recoverable. In North Carolina, wrongful death damages are measured by the loss to the person’s next of kin, including loss of society, companionship, advice and kindly offices, as well as lost future wages and the value of the decedent’s support for his or her next of kin.

What do you need for a successful claim?

In order to make a successful claim for medical malpractice, you need at least three things. First, a medical provider must have acted negligently or below the standard of care. Second, there must be an injury or death. Third, there has to be a connection between the negligence or breach of the standard of care and the injury or death. In other words, the bad care must have caused the injury or death.

gavel on table

Why contact an attorney immediately?

It is important to contact counsel immediately because there are deadlines within which lawsuits must be filed or the right to file them is lost forever. In most states, there are also requirements that have to be met before filing a medical malpractice claim that take time. As examples, certified medical records often have to be obtained, which can take a month or months in some cases. Also, many states require that an expert review your case before filing a lawsuit and some even require that those experts sign affidavits. All of these things take time. For these reasons, it is important that you contact an attorney right away if you believe you may have a medical malpractice claim. Even one day can mean the difference between being able to pursue a claim and being barred from pursuing the very same claim.