North Carolina Hospital Negligence Lawyers
Injured Due to Hospital Negligence in Winston-Salem?
Many patients die or suffer serious injuries due to negligent care and treatment in hospitals. Breakdowns in communication between physicians and nurses, mistakes in medication, or even the simple failure to monitor vital signs can put patients at risk of permanent disability or death.
If you or someone in your family is considering a medical malpractice lawsuit due to poor treatment in a hospital or negligent postoperative care, contact an experienced lawyer at Comerford Chilson & Moser, L.L.P., in Winston-Salem for a free consultation.
What is Hospital Negligence?
Hospital negligence occurs when a healthcare facility fails to uphold the proper standard of care, resulting in injury, illness, or wrongful death. This type of negligence may involve errors by hospital staff, inadequate protocols, or administrative oversights. Unlike individual medical malpractice claims, hospital negligence cases often involve systemic issues within the hospital itself.
Hospitals have a legal duty to ensure their staff, equipment, and procedures meet established medical standards. Failing to uphold this duty can have devastating consequences for patients.
Common Examples of Hospital Negligence
Hospital negligence can take many forms. Common examples include:
- Medication Errors: Administering the wrong medication or incorrect dosage can have life-threatening consequences.
- Surgical Errors: Mistakes such as operating on the wrong site, leaving surgical tools inside the body, or failing to follow proper surgical protocols.
- Misdiagnosis or Delayed Diagnosis: Failing to identify serious conditions like strokes, heart attacks, or infections in a timely manner.
- Inadequate Staff Training: Hospitals must ensure all staff are properly trained and competent in their roles.
- Improper Patient Monitoring: Failing to observe vital signs, medication reactions, or post-operative complications.
- Poor Sanitation Practices: Unclean environments that lead to preventable infections or worsen existing conditions.
- Failure to Maintain Equipment: Defective or poorly maintained medical equipment can cause severe harm.
If you or a loved one has experienced any of these situations, seeking legal counsel can help determine whether hospital negligence played a role.
How Can a Hospital Be Held Liable?
Hospitals are legally responsible for maintaining a safe environment for patients and ensuring their staff provides competent care. To hold a hospital liable for negligence, you must demonstrate the following:
- Duty of Care: The hospital owed a duty to provide safe and effective care.
- Breach of Duty: The hospital or its employees failed to meet that standard of care.
- Causation: The breach directly resulted in injury or harm to the patient.
- Damages: The victim suffered measurable losses, such as medical expenses, lost wages, pain, and suffering.
Hospitals may also be held liable for the actions of their employees, including nurses, medical technicians, and administrative staff. If a physician is an independent contractor rather than a direct employee, the hospital may only be responsible if it failed to vet or supervise that doctor properly.
FAQs About Hospital Negligence in North Carolina
What is the statute of limitations for filing a hospital negligence claim in North Carolina?
In North Carolina, you generally have three years from the date of the injury to file a medical malpractice or hospital negligence claim. If the injury was not immediately discovered, you may have up to four years from the date of the negligent act. For wrongful death cases, the timeframe is two years from the date of death.
How can I prove that hospital negligence occurred?
Proving hospital negligence requires demonstrating that the hospital failed to meet the accepted medical standard of care. This typically involves expert testimony from medical professionals who can explain how the hospital's actions deviated from standard practices.
What compensation can I recover in a hospital negligence case?
Victims of hospital negligence may be entitled to compensation for:
- Medical expenses
- Lost income and future earnings
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Loss of consortium (loss of companionship)
Can I sue both the hospital and the doctor?
Yes, depending on the circumstances. Hospitals may be liable for their employees' actions, while doctors who are independent contractors may face separate liability. An experienced attorney can assess the best legal approach for your case.
How can Comerford Chilson & Moser, L.L.P. help my case?
Our skilled attorneys have extensive experience representing victims of medical and hospital negligence. We will investigate your case, consult with medical experts, and build a compelling legal strategy designed to maximize your compensation.
Verdicts
& Settlements
Our Team Approach Adds Value
We Know How to Develop Strong Cases
Once your case is filed, we concentrate on documenting the nature and extent of your physical injuries, your economic losses, and the projected costs of your future treatment and home assistance needs. Our goal is to help you recover the greatest amount possible fully supported by evidence, so you’ll never need to worry about your ability to pay for any of the major expenses associated with living with a severe injury or permanent disability.
In addition to securing financial compensation, we strive to bring about systemic changes that can prevent future negligence. By holding hospitals and medical staff accountable, we aim to encourage higher standards of care and protect other patients from suffering similar tragedies. Personal testimonials from our clients often highlight the closure and sense of justice they feel when a negligent party is held liable, underscoring the broader impact of taking legal action.
To learn more about our experience and approach to client service in hospital negligence claims, call (336) 568-8779 or use our online contact form to schedule a meeting.
Our Reputation Speaks For Itself
"During our first meeting, he assured me that he would take this anxiety and responsibility from me. Emotionally, I felt a deep sense of relief that stayed with me during the months he was working for me."
- Roberta T.