Medical Negligence Attorney in Raleigh, North Carolina
At Roberts & Harris PC, our experienced medical malpractice attorneys in Raleigh bring over four decades of combined legal experience at both state and federal levels to protect the rights and interests of our fellow North Carolina residents when they have been injured by negligence.
If you have tragically lost a loved one to medical malpractice, or have been personally injured by the same, contact us now to learn more about our tailored legal strategies that will allow you to move forward with confidence, starting with a free consultation.
We accept calls 24 hours a day, seven days a week because we know that medical malpractice does not only occur during business hours, and we want to be where our clients need us, when they need us.
Medical Errors are Responsible for More Than 250,000 Fatalities Each Year in the U.S.
Medical malpractice is the third-leading cause of death in the U.S. each year, according to a recent study published by the acclaimed Johns Hopkins University, citing medical errors for over 250,000 fatalities each year.
Some of the most common causes of medical malpractice injuries and fatalities include, but are not limited to:
- Premature discharge
- Birth injuries
- Anesthesia Errors
- Lack of informed consent
- Emergency room negligence
- Failure to recognize symptoms
- Contamination and hospital-acquired infections
- Disregarding or not taking appropriate patient history
- Improperly prescribed or defective medication
- Failure to diagnose or misdiagnosis
- Medical product liability
- Failure to recognize symptoms
- Improper medication or dosage
- Failure to order proper testing
- Nursing home negligence and abuse
- Misreading or ignoring laboratory results
- Poor follow-up or aftercare
- Surgical errors or wrong-site surgery
- Retained surgical instruments
- Unnecessary surgery
If you have been injured during a medical appointment, procedure, or while under the care of a healthcare provider, contact our experienced medical malpractice lawyers in Raleigh today to learn how we can help you pursue results for your unique case.
Our Skilled Raleigh Personal Injury Attorneys Provide Customized Legal Solutions For All North Carolina Residents In The Following Practice Areas:
- Auto Accidents
- Business Litigation
- Dog Bites & Attacks
- Motorcycle Accidents
- Nursing Home Abuse
- Pedestrian Accidents
- Qui Tam/Whistleblower
- Traumatic Brain Injuries
- Truck Accidents
- Workers’ Compensation
- Wrongful Death
- Products Liability
- Premises Liability
- Sexual Abuse
- Bus Accident
- Negligent Security
- Spinal Cord Injury
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How Can I Prove Medical Malpractice Occurred in Raleigh, North Carolina?
Like most states, North Carolina has medical malpractice laws that require the injured person to employ the services of at least one expert medical witness to swear under oath by filing a sworn affidavit with the court that he or she reviewed the injured person’s medical records and is prepared to testify the care outlined in our case fell below the accepted standard of care and amounted to medical negligence.
Next, we must prove it was more likely than not that the failure to meet the standard of care caused our client’s injuries.
The most notable exception to this law is that cases resulting from emergency room malpractice in North Carolina must show negligence by clear and convincing evidence, as opposed to the more likely than not rule that applies to other cases.
Our skilled medical malpractice attorneys in Raleigh provide straightforward legal representation that places our client’s best interests first, so we can pursue the negligent medical care provider(s), facility, another third party, or a combination of each that is liable for our client’s complete financial compensation.
What Type of Financial Compensation Can I Pursue After a Medical Malpractice Injury in Raleigh, NC?
North Carolina does not limit the number of economic damages our medical malpractice attorneys can pursue on behalf of our clients for their injuries or the loss of their loved one.
Economic damages can include medical costs, lost wages, and other tangible expenses that resulted from the medical error.
However, if the amount of damages claimed is greater than $150,000, North Carolina requires two separate trials, which are heard by the same jury and judge one focusing on the liability, and the other focusing on the number of damages. They may be combined if the judge finds good cause to do so.
Non-economic damages, which may include pain and suffering or the loss of enjoyment of life, are capped at $500,000 in North Carolina but are adjusted upward for inflation each year.
The non-economic damage cap does not apply in cases where both:
- The injured patient suffered certain disfiguring or permanent injury
- The defendant’s conduct was grossly negligent, reckless, intentional, or malicious
If you or a loved one has suffered an injury while pursuing medical care, contact our skilled medical malpractice lawyers in Raleigh today to learn more about your legal rights and options to hold the negligent person, party, or entity liable for your complete damages.
Partner with Our Skilled Medical Malpractice Attorneys in Raleigh at Roberts & Harris PC
Patrick Roberts is a demanding former prosecutor who has a relentless approach to negotiating with insurance companies to ensure each of our client’s unique injury needs are prioritized over their corporate interests, or they will be forced to face us inside a courtroom, where our trial skills are proven and battle-tested.
Ranchor Harris has been a civil trial attorney for more than 25 years who focuses on representing injury clients in complex legal matters including pharmaceutical, medical malpractice, and nursing home negligence that involve serious and catastrophic injuries that change our clients’ lives.
Together Roberts & Harris PC provides customized legal strategies for each of our clients and their family’s unique needs. That starts with a personal, results-focused approach to learning more about how our client’s injuries have impacted their day-to-day activities and their long-term quality of life, so we can tell their story and ensure their voices are heard while pursuing the financial outcome they deserve to make a complete recovery.
Contact Our Skilled Medical Malpractice Attorneys in Raleigh, NC for a Free Consultation Today
At Roberts & Harris PC, our Raleigh medical attorneys provide each of our clients with a customized legal strategy to pursue real results for their cases. We are aggressive, skilled, and trial-tested medical malpractice lawyers who create solutions, so our clients can confidently get their lives back on track knowing we are focused on their recovery.
Our Wake County medical malpractice attorneys are trial-tested legal advocates who have collectively served as lead counsel in over one hundred jury trials that allowed our clients to reach the successful outcomes they deserved to improve their futures and overall quality of life.
Contact our dedicated medical malpractice lawyers in Raleigh North Carolina today by calling (919) 249-5006 or online to learn more about how we pursue results. If we do not produce a positive outcome for your case, you do not pay our legal fees.
Frequently Asked Questions of Medical Malpractice Lawyers in Raleigh, NC
Are North Carolina Medical Malpractice Cases and Personal Injury Cases the Same Thing?
While personal injury lawyers in North Carolina handle medical malpractice claims, the actions to pursue success are very different. Medical malpractice cases must meet a very high legal threshold before they can move forward. In these cases, medical experts must testify that the care provided — which caused our client harm — did not meet the same medical standards a medical professional in the same profession would have applied. Another way they differ is that there are caps on certain forms of damages, including pain and suffering, that does not exist in standard personal injury claims.
How Do I Know if My Doctor Committed Medical Malpractice?
Medical malpractice claims require significant investigation, partnering with medical experts, and outlining proven facts that allow our skilled Raleigh attorneys to meet the legal threshold of a medical malpractice claim. Additionally, we must outline each party that was involved in the actions that led to our client’s injuries. That may include physicians, nurses, medical assistants, and even hospital administrators. In short, it is not simply enough to believe your physician “did something wrong.” We must prove it. Our Wake County personal injury lawyers are trial-tested legal advocates who have collectively served as lead counsel in over one hundred jury trials that allowed our clients to reach the successful outcomes they deserved.
Should I Keep Seeing the Doctor I May Have a Malpractice Claim Against?
It is important that you continue to receive care for any medical issues, but it is probably a good idea to switch physicians. If the doctor you were seeing left you more injured than when you arrived, seeking a new healthcare provider to remedy your existing and newly caused healthcare is probably the best approach.
How Long Do I Have to File a Malpractice Lawsuit in North Carolina?
The statute of limitations for filing a medical malpractice claim in North Carolina is generally three years from the date of injury. If you have lost a loved one to medical malpractice, you may have a wrongful death claim, which must be filed within two years from the date of your loved one’s death.
Is There a Financial Cap on the Damages I Can Recover in a Medical Malpractice Case?
Yes, but it currently only applies to non-economic damages which refer to pain and suffering or emotional harm, which is usually capped at $533,409 in North Carolina. Recovery for economic harm such as medical bills lost wages, and other tangible losses are not capped.