What do I need to know about filing a medical malpractice lawsuit?

Filing a medical malpractice lawsuit in North Carolina can be a complex and daunting process. Before you start the process, it is important to educate yourself on the legal requirements of a medical malpractice claim in the state. The first step in pursuing a medical malpractice lawsuit is to obtain an expert opinion. This can be done by consulting with a licensed medical professional in the same or similar specialty as the medical provider who allegedly caused injury. The opinion must conclude that the medical provider failed to exercise reasonable care in the treatment of the patient, resulting in an injury. If an expert opinion is obtained, the plaintiff must then provide the expert with medical records that support the claim. The medical records must include the medical provider’s notes and any other documents that relate to the claim. Additionally, the plaintiff must prove that their injury was a direct result of the medical provider’s negligence. Once the medical records and expert opinion are obtained and reviewed, the plaintiff must then file a Complaint in the proper jurisdiction. This document must detail the facts of the claim and must be signed by the plaintiff under penalty of perjury. Ultimately, the Complaint must be reviewed and accepted by the court. If the court accepts the Complaint, the defendant will then be served with the Complaint and a summons to appear in court. The defendant will then have an opportunity to respond to the Complaint. If the defendant admits their negligence or if the court finds that the defendant was negligent, the plaintiff may be awarded damages for their injury. In North Carolina, the statute of limitations on medical malpractice lawsuits is three years from the date of injury or one year from the date the injury was discovered, whichever comes later. It is important to file the Complaint within this time frame or else the lawsuit may be barred.

What do I need to know about filing a medical malpractice lawsuit?

Related FAQs

Related Blog Posts