Asheville Medical Malpractice Lawyers
Experienced Medical Malpractice Attorneys Seeking Justice for Victims of Medical Negligence in Buncombe County, North Carolina
Most of us aren’t medical experts, so we trust our doctors, nurses, and hospitals to make a good diagnosis and carry out our care in a responsible manner. Most of the time, that’s exactly what happens. But there are still far too many instances where it doesn’t, and the consequences can be seriously damaging — even fatal — for the patient. A medical malpractice attorney is there to hold the healthcare industry accountable and obtain some measure of justice for those who have suffered.
Hensley Cloninger & Greer will give you sound advice on your medical malpractice case. Call (828) 383-8414 or contact us online to speak with our experienced Asheville medical malpractice attorneys today.
Understanding Medical Malpractice: The 4 Elements of Negligence
Winning a medical malpractice lawsuit requires proving that whoever is the target of the lawsuit was negligent. There are four things that must be proven in court to establish negligence.
Duty of Care
All four of these principles apply in all personal injury cases, not just medical malpractice. The first principle, the duty of care, will likely be self-evident in a medical lawsuit. If there’s a doctor-patient relationship in place, then the doctor and the staff owe a duty of care.
Breach of Duty
The plaintiff must prove that their injuries happened because the medical professional breached their duty. It’s not enough to simply establish that an adverse event occurred or even that it can be directly tied to the medical procedure. It must also be shown that all the above happened because the defendant failed to act within the boundaries of what would be considered reasonable care.
Causation
After the breach of duty is established, the court will want to see causation — that is, that the adverse event can be specifically tied to the breach of duty. In some cases, causation will be obvious, but not as often as you might think. The defendant will have access to medical records. They may seek to argue that your adverse event was caused by a pre-existing condition. A part of the pre-trial process will be a deposition where a plaintiff may be asked about their post-medical procedure activities. An attempt may be made to tie an adverse event to those activities rather than the breach of duty.
Damages
The plaintiff must show what specific damages they have suffered as the result of a healthcare professional’s negligence. The natural place to start is medical bills that resulted from negligence. Any time missed from work can be documented to show lost income. These are the economic damages that can be collected.
Non-economic damages can be more challenging. They involve finding some level of compensation for the plaintiff’s pain, suffering, and general loss of quality of life. North Carolina law currently limits non-economic damages in a medical malpractice case to $500,000.
A final challenge on the question of damages is the fact North Carolina uses strict contributory negligence. This means a court assesses the overall responsibility that lies with both plaintiff and defendant. Perhaps the court believes that there was negligence, but that the defendant did contribute somewhat to the adverse event by their post-procedure activities, or that a pre-existing condition was at least in some way responsible.
This is not unusual. What makes the state of North Carolina unusual is that we are one of just five states where if the plaintiff has any responsibility at all, they collect nothing. The more common approach is to allow a plaintiff to collect in proportion to their share of responsibility. All of this heightens the burden of proof that will be on the plaintiff’s legal team. It underscores the importance of having a deeply experienced medical malpractice attorney in your corner when battling against the healthcare industry.
North Carolina Medical Malpractice Statute of Limitations
If you suffered from medical malpractice, you may find yourself wondering how long you have to sue for medical malpractice. The statute of limitations in general can be a complex law, that contains many exceptions or extensions depending on the specifics of an individual’s case. The statute of limitations for medical malpractice cases is typically even more complex. According to North Carolina General Statutes section 1-15 medical malpractice injury victims typically have at least 3 years from the date of their injury to file a claim.
Some circumstance that the law acknowledges can change this time period includes if the injury was caused by a foreign object left in the injury victim’s body. Another law that is typically associated with medical malpractice is sometimes referred to as the “discovery rule.” In short this law accounts for the fact that some injury victims do not realize they have been injured right away. When undergoing a medical procedure, particularly one that includes surgery, pain and discomfort are expected.
For some, it takes time to realize that their suffering is not par for the course for their procedure. If you believe you have suffered an injury at the hands of a negligent medical professional, it’s important to speak to an attorney about the details of your case as soon as possible.
Understanding Your Rights After an Injury
After experiencing a personal injury, it’s crucial to understand your rights and the legal options available to you. Many individuals are unaware that they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. At Hensley Cloninger & Greer, P.C., our dedicated team of Asheville medical malpractice lawyers is here to guide you through the complexities of the legal system, ensuring that you are fully informed every step of the way.
Here are some key points to consider regarding your rights after an injury:
- Right to Medical Care: You have the right to seek immediate medical treatment for your injuries and should keep thorough documentation of all medical visits and expenses.
- Right to Compensation: Depending on the circumstances of your case, you may be eligible for compensation for various damages, including emotional distress and loss of enjoyment of life.
- Right to Legal Representation: You have the right to hire an attorney who will advocate for your best interests and fight for the compensation you deserve.
- Right to File a Claim: If your injury was caused by someone else's negligence, you have the right to file a claim against the responsible party.
- Right to a Fair Settlement: You should not feel pressured to accept the first settlement offer from insurance companies, as it may not fully cover your expenses and losses.
Our team is committed to providing personalized support and expert legal advice to ensure you are aware of all your rights. Contact us today for a free consultation, and let us help you navigate your path to recovery.
How We Can Help
After experiencing a personal injury, navigating the legal landscape can be overwhelming. Having a skilled attorney by your side is crucial to ensure that your rights are protected and that you receive the compensation you deserve. At Hensley Cloninger & Greer, P.C., we believe that every victim of negligence deserves a voice, and we are dedicated to fighting for yours.
Why is legal representation essential?
- Expert Guidance: Our experienced attorneys understand the complexities of personal injury law and can guide you through each step of the process, from filing your claim to negotiating settlements.
- Maximizing Compensation: We know how to accurately assess the value of your claim, including medical expenses, lost wages, and pain and suffering, ensuring you receive fair compensation.
- Negotiation Skills: Insurance companies often attempt to minimize payouts. Our team is skilled in negotiation tactics and will advocate fiercely on your behalf.
- Peace of Mind: With a dedicated attorney managing your case, you can focus on healing while we handle the legal complexities.
Don’t face the aftermath of an injury alone. Contact Hensley Cloninger & Greer, P.C. today for a free consultation, and let us help you secure the justice you deserve.
Contact Our Asheville Medical Malpractice Attorneys Today
We have been fighting for victims of medical malpractice for over 30 years. At Hensley Cloninger & Greer, P.C, our Asheville medical malpractice lawyers don’t shy away from the high standards. We meet them and we secure justice for people who need and deserve it.
Call (828) 383-8414 or contact us online to set up a FREE consultation with an experienced Asheville medical malpractice lawyer.
Commonly Asked Questions
What Is Strict Contributory Negligence & How Does It Affect My Medical Malpractice Claim in North Carolina?
Strict contributory negligence is a legal doctrine used in North Carolina that denies recovery of damages if the plaintiff is found to be even slightly at fault for the injury. This means if you contributed to your injury in any way, you may not be able to collect compensation. This underscores the importance of having an experienced medical malpractice attorney to navigate these complex legal challenges.
Why Should I Choose Hensley Cloninger & Greer, P.C. for My Medical Malpractice Case in Asheville?
Choosing Hensley Cloninger & Greer, P.C. for your medical malpractice case in Asheville means you'll be represented by a team with over 30 years of experience in securing justice for victims. Our firm is committed to meeting high standards, providing sound advice, and handling your case with the utmost care and professionalism.