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.