What medical malpractice means
Not every bad outcome is malpractice. Medicine carries risk, and a treatment can fail even when everyone does their job well. Malpractice means a doctor, nurse, hospital, or other provider failed to give care that met the accepted standard, and that failure caused harm.
A claim generally must show four things:
- A duty. There was a provider and patient relationship.
- A breach. The care fell below the standards of practice among similar providers with similar training and experience in the same or similar communities at the time.
- Causation. The breach caused the injury.
- Damages. The patient suffered real harm, such as added medical costs, lost income, pain, or a worse outcome.
The standard of care is not perfection. It is the level of care that similar providers would give in similar circumstances. Proving what that standard was, and how it was missed, usually takes testimony from qualified health care professionals and a close reading of the medical records.
Common types of claims
- Missed or delayed diagnosis, such as cancer, heart attack, stroke, or infection
- Surgical errors, including wrong-site surgery and items left inside the body
- Medication errors in prescribing, dosing, or giving drugs
- Birth injuries to a mother or baby
- Failure to monitor a patient or respond to warning signs
- Anesthesia errors
- Failure to get informed consent
Claims can be brought against individual providers and, in some cases, against the hospital or practice that employed them. Each case starts with the records. Until those records have been gathered and reviewed, no one can fairly say whether a mistake was made.
The review required before filing
North Carolina has special rules for these cases. Before a malpractice lawsuit is filed, the medical care generally must be reviewed by a qualified health care professional.
Finding and working with a qualified reviewer takes time and money. That is one reason these cases need early attention and careful screening. After reviewing the records, we will tell you the hard truth about whether a claim can be brought.
Deadlines and limits
North Carolina sets strict filing deadlines for malpractice claims, and special rules can change them in some situations. Because these deadlines are strict, do not wait to get advice.
North Carolina law also limits some kinds of damages in malpractice cases, with certain exceptions. We will explain how those limits may affect your case once we know the facts.
If the provider was part of a government hospital or a federal clinic, other notice rules and procedures may apply. Tell us who employed the provider if you know.
Contributory negligence in malpractice cases
North Carolina is one of only a few states that still follows contributory negligence. In a malpractice case, a provider may argue that the patient was partly at fault, for example by not following instructions, not returning for follow-up care, or not sharing important health history. If that argument succeeds, it can bar the claim. Whether it applies depends on the records and the facts.
This is another reason to keep your own notes. A record of the instructions you received, the appointments you kept, and the calls you made to report symptoms can help answer this argument.
What to do now
- Get the care you need now, from a provider you trust.
- Ask for copies of your medical records, including test results and imaging.
- Write down a timeline: symptoms, visits, what you were told, and by whom.
- Keep bills, prescriptions, and notes from missed work.
- Do not post about the care or the providers online.
Do not confront the provider or sign anything from a hospital or insurer about the incident without advice. Some hospitals offer to discuss what went wrong. You may choose to attend, but you do not have to make any decision there, and it can help to talk with a lawyer first.
Fees and next steps
We explain our fee in writing before you hire us. We investigate rather than process, and we prepare every case as though it is going to trial.
Call (336) 281-2008 or request a consultation online. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
How do I know if I have a medical malpractice case?
A bad outcome alone is not enough. A claim must show the care fell below the accepted standard and that this caused harm. A lawyer reviews the records, and special rules, including a review by a qualified health care professional, apply before a case is filed.
How long do I have to file a malpractice claim in North Carolina?
North Carolina sets strict filing deadlines, and special rules can change them in some situations. Talk with a lawyer early so no deadline is missed.
Is there a limit on malpractice damages in North Carolina?
North Carolina law limits some kinds of damages in malpractice cases, with certain exceptions. How the limit applies depends on the facts. A lawyer can explain it once the case is reviewed.
Can I get my own medical records?
Yes. Patients generally have a right to copies of their medical records, though a provider may charge a fee. Ask in writing and keep a copy of your request.