North Carolina Medical Malpractice Lawyers

Protecting Our Clients’ Rights in Medical Malpractice Cases in Winston-Salem

When you put your life or the life of a loved one in the hands of medical professionals, you rely on them to adhere to their high professional standard of care. This duty ensures patients receive safe and competent medical treatment, crucial for their health and well-being in North Carolina.  Unfortunately, that safe treatment does not always happen. When medical negligence occurs, it's time to get an attorney involved.

Medical malpractice lawsuits can do more than obtain compensation for victims of hospital and doctor errors. They also drive systemic changes in healthcare facilities, as the claims often result in improved practices that prevent future errors. By holding providers accountable, we enhance the overall quality of medical care.

Usually, insurance companies, not doctors, pay medical negligence claims. However, it is difficult for an ill or grieving victim to assemble evidence and present a strong case demonstrating the error and the cost of the loss. We strive to alleviate this burden by meticulously gathering the necessary documentation and employing comprehensive legal strategies.  At Comerford Chilson & Moser, we have the experience and the resources to successfully handle claims for serious injuries or wrongful death resulting from medical malpractice. Our approach is thorough and client-focused, ensuring each aspect of your legal journey is addressed with care.

Choose Our Experience with Malpractice Claims

Our attorneys have extensive experience representing victims of medical malpractice, providing support and guidance every step of the way. We understand the complexities involved in these sensitive matters and are dedicated to seeking fair outcomes through diligent representation.

The firm’s medical negligence practice includes representation in cases involving:

• Birth trauma
• Failure to perform a cesarean section in a timely manner 
• Improper use of Pitocin, causing paralysis, shoulder dystocia, brachial plexus injury, and more
• Failure to diagnose spinal injury, sepsis, pneumococcal meningitis, or another infection
• Failure to diagnose or treat cancer promptly
• Failure to treat a perforated bowel and other emergency room errors
• Nursing home neglect and negligence resulting in dehydration, fractures, and death
• Surgical, anesthesia, and medication errors
• Dental malpractice

If you feel that the permanent disability or death of someone you care about may have been due to medical negligence, contact our firm and ask for a case evaluation. Our dedicated team of professionals is ready to provide you with the information and support you need during this challenging time.

North Carolina Medical Malpractice Laws

In North Carolina, the laws surrounding medical malpractice are designed to protect patients while also considering the limitations of healthcare providers. State-specific regulations are important to understand as they govern the timeframe within which claims must be filed, also known as the statute of limitations. Typically, an injured party has up to three years from the date of the injury to initiate a claim, yet there are exceptions and nuances depending on the circumstances of delayed discovery of harm. Additionally, North Carolina employs a cap on non-economic damages, which can impact the potential compensation for pain and suffering. Understanding these components helps in appreciating the complexities involved in medical malpractice claims within the state. Staying informed of these local legal nuances is crucial for effectively asserting your rights.

Commonly Asked Questions

What Is the Process for Filing a Medical Malpractice Claim in Winston-Salem?

Filing a medical malpractice claim in Winston-Salem involves several key steps. Initially, it's vital to consult a knowledgeable medical malpractice attorney in Winston-Salem to evaluate the details and merits of your situation. Once engaged, the attorney will help gather and review medical records, securing an independent medical expert's opinion to substantiate the claim. This is essential, as the expert’s testimony can often provide critical insight into the standard of care and how it was breached. After compiling the case file, legal proceedings can be commenced, which might involve negotiations or court hearings, depending on the circumstances and responses from the defending party. In this process, understanding the specific legal landscape of Winston-Salem and applicable state laws is central to effectively advancing your claim.

How Can I Prove Medical Negligence?

Proving medical negligence involves demonstrating that the healthcare provider failed to meet the accepted standard of care, leading to harm or injury. To do this, you must provide evidence, often through expert testimony, showcasing how the provider's actions deviated from what is expected under similar circumstances. Gathering detailed medical records, witness statements, and corroborating documentation will be instrumental in strengthening your claim. Establishing a direct link between the negligence and the harm suffered is crucial.