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Navigating Medical Malpractice Law: What You Need to Know

Medical malpractice is a legal term that refers to negligence or wrongdoing on the part of a healthcare provider, which results in harm or injury to a patient. It can be a life-altering event for any patient that can lead to physical, emotional, and financial stress. In Charlotte, North Carolina and across the United States, medical malpractice law is a complex field with complex legal guidelines and requirements. For victims of medical negligence, understanding the basics of medical malpractice law can be crucial in obtaining the justice they deserve.

Understanding Medical Malpractice

Healthcare professionals are expected to follow a certain standard of care when treating patients. If these professionals fail to uphold these standards through things such as negligence, errors in judgment, or failure to follow protocols and procedures, it can be considered medical malpractice. In some cases, these errors can lead to serious injuries or even death. It is critical to consult with an experienced Charlotte medical malpractice attorney if you believe you have been a victim of malpractice. Their knowledge and expertise can help determine if your case could be medical malpractice and what steps you should take moving forward.

Key Elements of a Medical Malpractice Claim

NC General Statute § 90-21.11 is what governs medical malpractice cases in North Carolina and limits what medical professionals can be held accountable for in their care. There are four elements that need to be established in order to show that the patient may be entitled to compensation for their injuries. These damages may include medical bills, lost wages, and pain and suffering, among other things.

Duty of Care

When a patient seeks medical care, they trust that their healthcare provider will provide them with competent treatment. This is where the legal concept of duty of care comes into play. It refers to the legal obligation of a healthcare provider to provide an acceptable standard of care to their patients. Experts may be asked what a “reasonable” medical professional would have done in a certain situation to help determine if the care provided was out of the ordinary in some way.  

Breach of Duty

A breach of duty can take many forms, including misdiagnosis, surgical errors, medication errors, or failure to obtain informed consent. To prove that a breach of duty has occurred, it must be established that another reasonable healthcare provider with similar training and experience would have acted differently in similar circumstances. For example, if a patient goes to the emergency room with a set of symptoms commonly associated with a heart attack, but is evaluated and sent home without care, and then has a heart attack, this could be a case of misdiagnosis. Each case has a unique set of facts and circumstances that have to be explored and evaluated to determine if there was a breach of duty.


Proving causation can be one of the most challenging elements of a medical malpractice claim. It is not enough to show that a healthcare provider breached their duty of care; it must also be shown that this breach directly caused the patient's injury or harm. Causation can be difficult to establish because there are often multiple factors that contribute to a patient's condition. An experienced Charlotte medical malpractice attorney understands how to build a strong case based on causation and will enlist experts who can help identify and prove the cause-and-effect relationship between the healthcare provider's actions and the patient's injuries. 


When a patient becomes the victim of medical malpractice, the resulting damages can be devastating. Compensatory damages may include reimbursement for medical expenses, lost wages, and pain and suffering. Punitive damages may also be awarded in cases of gross negligence or intentional harm. Calculating damages can be a complex process that may require expert testimony. It's crucial to work with an experienced Charlotte medical malpractice attorney who can help you navigate this process and ensure you receive fair compensation for your damages.

Statute of Limitations in North Carolina

In North Carolina, medical malpractice claims must be filed within a certain time frame, known as the statute of limitations. Typically, a claim must be filed within three years from the last act of the defendant giving rise to the injury.  However, there are a few exceptions to this general rule. 

While you may not immediately know that the care you received was flawed or caused you harm, it's crucial to consult with an experienced Charlotte medical malpractice attorney as soon as possible to ensure that your claim is filed within the appropriate time frame. Failure to file within the statute of limitations can result in the loss of your right to seek compensation.

Medical Malpractice Caps in North Carolina

North Carolina has implemented caps on certain types of damages in medical malpractice cases. Non-economic damages, such as pain and suffering, are capped at $500,000. However, there is no cap on economic damages, such as medical expenses and lost wages. There are exceptions to the non-economic caps for situations where gross negligence or intent can be proven or the victim is disfigured or loses the use of a limb. These caps are revisited and can be adjusted for inflation every three years.

Documenting Injuries and Damages

When it comes to proving a medical malpractice claim, the victim has the burden of proof and must provide documentation to show the extent of economic damages. This includes medical records, bills, lost wages, and any other expenses incurred as a result of the malpractice. In addition to these formal documents, photographs, videos, and witness statements can also help strengthen your case. It is important to keep track of all communication with healthcare providers and insurance companies related to the malpractice, including emails and phone calls. Having clear and detailed documentation can help prove your case in court by providing tangible evidence of the harm caused by the medical provider's negligence. Your medical malpractice attorney can compile and organize all of these things while you focus on recovery.

Choosing the Right Charlotte Medical Malpractice Attorney

Choosing the wrong attorney to represent you in a medical malpractice case can leave you frustrated and ultimately without the compensation and resolution that you deserve. Look for an attorney with a proven track record in medical malpractice cases, as well as extensive knowledge of North Carolina medical malpractice laws and regulations. Pick an attorney that is responsive and communicates often with you from the very beginning. You want someone who will keep you informed throughout the legal process and promptly address any concerns or questions you may have. Research the attorney's reputation and read online reviews from former clients to get a sense of their professionalism, dedication, and success rate. Finally, choose an attorney with whom you feel comfortable discussing your case and personal information. Trust and open communication are essential to a successful attorney-client relationship.

Navigating the complexities of medical malpractice law in Charlotte, North Carolina, can be a daunting task, but victims of medical negligence have a right to seek justice and obtain the compensation they deserve. Call our office today at 704-714-1450 for a free consultation about your case and let Rosensteel Fleishman Car Accident & Injury Lawyers help you through the legal complexities around your case.

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