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Raleigh Medical Malpractice Attorneys

Record-Setting Results for Victims of Medical Malpractice

If you or someone you love has been injured by a health care provider, you may be entitled to compensation for your losses by pursuing a medical malpractice claim.

Securing needed compensation, however, can be a challenging task.

At Edwards Kirby, our North Carolina medical malpractice lawyers have excelled in fighting on behalf of victims and families who’ve suffered devastating losses due to doctors’ errors, hospital negligence, and substandard care. We have the resources required of these complex cases, and the willingness to fight aggressively for the justice our clients deserve.

Trust a Proven Medical Malpractice Team

Led by two the nation’s most respected Plaintiffs’ Trial Lawyers, Edwards Kirby has cultivated an unmatched record of success in medical malpractice litigation. This includes:

  • The largest medical malpractice verdict in North Carolina history.
  • North Carolina’s two largest personal injury verdicts / settlements in 2019, both medical malpractice.
  • The Best Lawyers in America® Metropolitan Tier 1 ranking in Medical Malpractice Litigation.
  • Hundreds of millions recovered for victims of medical negligence and birth injury.

Our medical malpractice lawyers serve clients across Raleigh and North Carolina, and welcome attorney referrals on complex claims across the U.S. Call to request a free case evaluation.

Medical Malpractice: Understanding The “Standard of Care”

Health care providers have a legal duty to provide care that meets the accepted standards of their profession. If, in the course of treating a patient, a doctor, nurse, health care practice, or another provider failed to meet the relevant standard of care, they can potentially be held liable for resulting damages – including any injuries they caused, illnesses they failed to diagnose or timely treat, and wrongful death.

Because medical malpractice claims are highly fact-specific, determining the “standard of care” in your case, and whether it was breached, will require a personalized review of your case. Per North Carolina Code § 90-21-12, that means asking whether the act of the health care provider:

“was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act.”

Evaluating the standard of care is a complex task that requires extensive investigation into the unique facts of a case, assessment of medical records and evidence, and insight from medical expert witnesses who can attest to the standards of a particular health care profession or specialty.

Elements of a Medical Malpractice Claim

To prevail in a medical malpractice claim, victims must generally prove a few essential elements, including:

  • Duty: A health care provider owed the patient a duty of care, meaning a doctor-patient relationship existed;
  • Breach of Duty: The health care provider failed to meet the duty of care, typically as the result of negligence / medical errors;
  • Causation: The provider’s substandard care was the proximate cause of the patient’s injury; and
  • Damages: The patient suffered actual damages as a result.

Some of our medical malpractice results include:

  • $23.3 million verdict for a child who suffered brain injuries at birth, including cerebral palsy and spastic quadriplegia.
  • $15 million settlement for an infant who suffered severe brain injury after a nurse failed to properly replace her breathing tube.
  • $13 million settlement during trial for an infant who was permanently injured when EMS failed to adjust an oxygen tube that clearly dislodged, causing brain damage.
  • $13 million settlement for child who suffered a brain injury after being administered an incorrectly compounded drug.
  • $8 million settlement for a child who suffered injuries at birth from a delayed C-section.

What Damages Can Victims Recover in Medical Malpractice Cases?

Medical malpractice can impact victims and families physically, financially, and emotionally – often in profound and permanent ways. Though every case is unique, medical malpractice victims in North Carolina may be entitled to a recovery of their:

  • Medical bills (i.e. hospitalization, revision surgeries, etc.)
  • Future medical needs (i.e. therapy, medications, and assistive care)
  • Physical pain and suffering
  • Lost income and lost future earnings
  • Emotional suffering
  • Loss of companionship and support (for a victim’s family)

At Edwards Kirby, we consult with top-flight experts (including medical and financial experts) to help clients determine their prognoses, future medical needs, and calculations of what compensation should include.

Medical Malpractice Examples

Medical malpractice can take many forms. Common examples include:

  • Birth injuries, such as cerebral palsy and kernicterus
  • Surgical errors and anesthesia errors
  • Medication errors
  • Missed diagnosis leading to metastasis of cancer
  • Failure to diagnose stroke or heart attack
  • Emergency room errors
  • Hospital negligence / administrative errors

How Long Do I Have to File a Medical Malpractice Claim?

Medical malpractice lawsuits are subject to a statute of limitations – a time limit beyond which claims cannot be filed, and victims cannot be compensated for their damages.

In North Carolina, the statute of limitations in medical malpractice cases can vary depending on the circumstances involved (as well as for minors and persons with disabilities). For example, it may begin:

  • On the date of injury,
  • The date of death, or
  • The date a victim “discovers” their injury was caused by negligence (i.e. when a person with metastatic cancer learns a doctor previously failed to diagnose their early-stage cancer).

Our team at Edwards Kirby can help victims determine the statute of limitations in their case. Because there is a time limit, we encourage those with potential cases to reach out for help as soon as possible.

Let Proven Trial Lawyers Review Your Case & Options

Edwards Kirby has tremendous respect for health care professionals, and we know an unfortunate outcome does not alone mean medical malpractice has occurred. We work closely with expert physicians and surgeons to make these determinations objectively and accurately, and to help clients with valid claims seek the justice and compensation they deserve.

Because medical malpractice is a highly complex and fact-specific area of law, we encourage those with potential claims to contact us for a free and confidential case evaluation. Our team has helped many families in the aftermath of medical errors, and we welcome the opportunity to help your family as well.

  • Inner Circle of Advocates
    This is a rare and exclusive legal honor limited to the top 100 attorneys in the US, and we are proud to have John Edwards and David Kirby included.
  • Best Lawyers In America
    Four Edwards Kirby Attorneys Named to The Best Lawyers in America.
  • U.S. News Best Law Firm
    We are proud to be included in this prestigious list of law firms, selected for both quality of practice and extent of legal experience and skill.
  • SuperLawyers
    This rating service honors attorneys who have achieved a high level of professional achievement and peer recognition. Selected attorneys are included in Super Lawyers® magazine’s list.
  • AV Preeminent
    This highly prestigious honor is reserved for attorneys who are nominated by both clients and peers in a range of categories, including Quality of Service, Legal Experience, and more.
  • American Board of Trial Advocates
    This prestigious organization aims to continuously build upon a foundation of legal ethics and high technical standards for civil trial attorneys. We are proud to have membership in the American Board of Trial Advocates.
  • Legal Elite
    This honor, awarded by Business North Carolina magazine, recognizes the state’s top business and employment lawyers, as selected by their peers in a statewide ballot.
  • American College of Trial Lawyers
    Fellowship in the American College of Trial Lawyers is extended only to the top 1% of attorneys in a given state or providence. Our firm is proud to have members of this prestigious North American organization.
  • International Society of Barristers
    The International Society of Barristers aims to encourage fellowship, ethics, and advocacy excellence. We are proud to have attorneys who are Fellows of the Society, committed to the highest level of integrity and civility.
  • The National Trial Lawyers Top 100
    Attorney John Edwards has been included in this invitation only group of the premier trial lawyers in each state.
  • National Trial Lawyers Top 40 Under 40
    Attorneys Cate Edwards, Winston Kirby and Mary Kathryn Kurth were named "Top 40 Under 40" by the National Trial Lawyers.
  • Lawyers of Distinction
    Attorney Cate Edwards has been selected for this prestigious award after undergoing a stringent evaluation process based on peer recognition, past results, and reputation. Only the top 10% of attorneys in each state are selected to the final list.