What happens if I cannot prove every element of a medical malpractice claim?

If you cannot prove every element of a medical malpractice claim in North Carolina, then you will most likely not be successful in your case. Medical malpractice cases are complex and require a lot of evidence to be presented in order for a plaintiff to win. North Carolina requires plaintiffs to prove that a doctor or medical provider breached the standard of care owed to a patient. This includes showing that the medical provider acted negligently or recklessly and that this negligence or recklessness caused an injury. It is not enough to simply show that an injury occurred- the plaintiff must prove that the injury was caused by the doctor or medical provider’s actions. Additionally, North Carolina requires plaintiffs to prove that the injury led to damages such as medical bills, lost wages, or pain and suffering. If a plaintiff fails to meet one or more of these requirements, then the medical malpractice claim will likely not be successful. It is important to note that medical malpractice claims can be difficult to prove, and it is important to consult with a lawyer who can assess your case and provide advice. An experienced lawyer can help you understand the legal requirements and help you put together evidence to support your claims.

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