In North Carolina, doctors are liable for a failure to provide high-quality healthcare. Patients and/or their family file medical malpractice claims after the failures. Select circumstances are classified as criminal offenses based on the intentions of the doctor. A local attorney provides clarity in a medical malpractice case.
Violating the Standard of Care
A violation of the standard of care indicates that poor quality healthcare was provided. The doctor must provide the same standard offered by physicians in their respective field. The same standard used to treat a specific condition is followed by all doctors in North Carolina. Federal laws enforce the standard and introduce penalties for medical failures.
How are Foreign Objects Left Behind?
Medical protocol requires a surgical staff to take an immediate inventory of all instruments and materials used. The staff must account for the items before the patient is closed up after the surgery. The practice lowers the chances of foreign objects left inside the patient. North Carolina laws allow patients to file a legal claim up to ten years after a foreign object is discovered in their body.
A Review of Damages
Compensatory damages are all expenses related to the injury. Lost wages and/or future wages are added to the value. In a wrongful death lawsuit, future earnings are calculated according to the patient’s life expectancy. Funeral costs are also associated with wrongful death claims.
Noneconomic damages are any monetary awards provided for tort-based claims. Pain and suffering is a common claim for which noneconomic damages are awarded. Mental anguish is another tort-based condition compensated by the damages.
Punitive damages won’t exceed $500,000 unless the doctor committed an act of malice. The action is punished through the assignment of punitive damages. However, the state prosecutor files criminal charges against the doctor when patients die due to an act of malice. The crime is considered murder or manslaughter based on intent.
In North Carolina, doctors and medical workers are at fault when patients sustain avoidable injuries. Medical malpractice cases indicate errors in treating a patient. The errors relate to surgical procedures, administering medications, and methods used in diagnostics. Patients who have a viable claim contact malpractice lawyers in Charlotte NC right now.