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Navigating medical malpractice claims are challenging

| Jul 15, 2019 | medical malpractice

Whenever a person is discharged from a North Carolina hospital in a worse condition or with additional health problems than those he or she had upon admission, there may be questions about his or her legal rights. The first inclination might be to file a medical malpractice lawsuit. However, that is an option that typically needs legal counsel to carefully consideration to determine its viability.

For cases involving errors in surgery, diagnosis, treatment or aftercare, the plaintiff must prove that the required elements for a malpractice claim are present. The first aspect to establish is that the patient was owed a duty of care, and that there was a violation of the standard of owed care. Medical care providers must provide care that is equal to or exceeds the care a reasonable and prudent health care professional would have provided under similar circumstances.

The next element to prove is that the injury or condition of the patient resulted from negligence by the care provider. If the violation of the standard of care had no adverse consequences, it would not constitute medical malpractice. The plaintiff must also be able to show that the injury that was caused by a violation of acceptable standards led to significant damages. This could include claims of loss of income, disability, considerable pain and suffering and medical bills that will cause future hardship.

Pursuing a medical malpractice lawsuit is typically a costly process that includes extensive investigations, expert witnesses and more. Consulting with an experienced North Carolina attorney makes sense because the lawyer can assess the circumstances and offer advice concerning the best path forward. The attorney can advocate for the client throughout the ensuing legal proceedings and work to obtain maximum damage recovery.