Many people suffer injuries or death because of medical errors that should not have occurred. If the error is because someone has failed to provide the type of care demanded by their profession, you may have a claim for medical malpractice. Doctors, nurses and other healthcare professionals have a duty to their patients. When a physician, doctor, nurse, pharmacist or other healthcare professional agrees to diagnose or treat a patient, they owe a duty of care toward that patient to comply with the standards of their profession. If the professional fails to provide such care and a patient is injured, the patient has a claim of medical malpractice.
Medical Malpractice may take the form of negligence, mistake or error, ignorance or misdiagnosis Some of the most common instances of medical malpractice occur through a failure to diagnose a patient, order appropriate treatment, order necessary tests and proper medication, consult with specialists; or do surgical procedures in a timely manner.
Medical malpractice suits must be brought within three years from the date of the last act of the defendant giving rise to the cause of action or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action. N.C. Gen. Stat. §§ 1-15 and 1-52(16) (1996). Foreign object cases must be brought within one year from the date of discovery, but no longer than ten years from the date of the occurrence. N.C. Gen. Stat. § 1-15 (1996). Wrongful death actions based on alleged medical malpractice must be brought within the foregoing period or within two years from death, whichever is shorter. N.C. Gen. Stat. § 1-53 (1996).
For malpractice actions on behalf of minors, the same rules apply, except the child’s action (but not the parents’ action for medical expenses) may also be brought any time before the child’s nineteenth birthday. N.C. Gen. Stat. § 1-17 (1996).
Other Professional Malpractice
Any professional, including attorneys, architects, accountants, stockbrokers, financial advisers, surveyors, and a variety of others, owe a duty to their patient or client. When they fail to comply with that duty, they should be held accountable.
When a person is injured or suffers loss due to a professional’s failure, they have rights that must be protected and pursued. We can help you through this complicated process. If you have been injured by a professional in North Carolina, contact Glenn, Mills, Fisher & Mahoney, P.A., to discuss your case. In all potential professional negligence cases, we will not charge a fee for a consultation with you review your claim to determine if we believe the case merits investigation and prosecution. If we decide to help you with your case, we will do so on the basis of a contingent fee, meaning you do not have to pay us a fee if there is no recovery.