How do I know if I have a valid medical malpractice claim?
If you believe that you or a family member have suffered from medical malpractice in North Carolina, it’s important to know the criteria used to determine if a valid claim exists. To have a successful claim, you will need to demonstrate that the medical professional failed to provide the standard of care for that particular medical situation, that this negligence caused injury or harm, and that you have suffered damages as a result. The standard of care is generally determined by comparing the medical professional’s actions to those of other medical professionals practicing in the same specialty and geographic area. If a breach of the standard of care is established, then it must be shown that this breached caused injury or harm. You can usually demonstrate this with medical records or testimony from medical experts. Finally, you must be able to show damages, such as physical or emotional injury, lost wages, or other financial losses. If you suffered a preventable medical injury and can document the three elements discussed above, you likely have a valid medical malpractice claim in North Carolina. When in doubt, contact a lawyer who specializes in medical malpractice law to better understand your rights and legal options. It is important to act quickly, as the statute of limitations for medical malpractice claims in North Carolina is only three years.
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