Most Common Medical Malpractice Claims in North Carolina (2025)

You may have found yourself in a situation where you are wondering what the most common medical malpractice claims in North Carolina are. There are various types of incidents that lead to legal actions and settlements involving medical malpractice within the state. These types of claims remain a significant concern, and it’s important to be aware of the state’s legal framework when it comes to these cases.

Understanding the common types of medical malpractice cases, their frequency, and notable instances can provide insight into the healthcare landscape in North Carolina.​

Common Types of Medical Malpractice in North Carolina

Medical malpractice occurs more often than it should throughout the state, and some cases are more common than others.

Improper Performance

Improper performance of medical procedures is a large issue in North Carolina. This category includes errors during surgeries, incorrect procedures, or deviations from accepted medical practices. These types of mistakes can lead to significant patient harm and are often the basis for malpractice claims.

Failure To Diagnose

Failure to diagnose or delayed diagnosis is another common form of medical malpractice. When healthcare providers fail to identify a patient’s condition promptly, it can result in worsened health outcomes. This type of negligence is frequently cited in malpractice cases across the state.

Obstetrics-Related Errors

Obstetricians and gynecologists are known to be involved in malpractice cases, particularly concerning childbirth. Errors during labor and delivery can lead to severe consequences for both mother and child, such as improper handling or failure to monitor fetal distress.

Medication Errors

Medication errors, including incorrect prescriptions, dosages, or drug interactions, are significant contributors to malpractice claims. These errors can have serious health implications and are a focal point in patient safety discussions.

Surgical Errors

Surgical errors, like performing the wrong procedure or leaving instruments inside a patient, are critical concerns. These mistakes often result in substantial harm and are some of the most serious forms of medical malpractice.

Statistics and Trends in Medical Malpractice Cases in North Carolina

In 2023, North Carolina reported 146 medical malpractice payments, with an average payment of $270,960. This ranks North Carolina 26th in the nation in terms of total payments but 49th in claims per capita. The most common allegations in these cases were improper performance and failure to diagnose.

One of the more notable numbers found in these statistics was regarding the majority of malpractice payments being associated with MDs, and dentists being the second most common healthcare providers involved. These claims were mostly treatment-related, accounting for 37% of all payments.

Recent Notable Medical Malpractice Cases in North Carolina

When looking at the latest trends in medical malpractice cases in North Carolina, it is important to take notice of recent high-profile cases that have gained a lot of traction. These cases give clarity on how the state rules in similar cases.

• Unnecessary Procedures: In June 2023, cardiologist Dr. Hari Saini and his practice, Carolina Heart and Leg Center, agreed to pay over $5 million to resolve allegations of performing unnecessary atherectomy procedures. The government alleged that Dr. Saini overstated the severity of arterial blockages to justify these invasive procedures, leading to significant Medicare and Medicaid overpayments.
• False Medical Orders: In September 2023, Sudipta Mazumder was found guilty of making false statements in connection with a durable medical equipment scheme that defrauded federal benefits programs of more than $5 million. She signed fraudulent orders for medically unnecessary equipment without examining patients, violating healthcare regulations.
• Medically Unnecessary Testing: In September 2020, the owner and two managers of Carolina Comprehensive Health Network agreed to pay $900,000 to resolve allegations of billing Medicare and Medicaid for medically unnecessary diagnostic tests. The tests, including nerve conduction and autonomic nervous system testing, were performed without proper medical justification, leading to significant financial settlements.
• Documentation Issues: In February 2023, Wake Forest Baptist Medical Center agreed to pay $754,585 to resolve overpayments resulting from improper documentation of therapy services at its Wilkesboro Skilled Nursing Facility. The claims submitted to Medicare lacked adequate supporting documentation, leading to the settlement.

FAQs

What Are Three of the Most Common Medical Malpractice Claims?

Three of the most common medical malpractice claims include misdiagnosis or delayed diagnosis, surgical errors, and medication mistakes. Misdiagnosis can delay treatment, causing harm. Surgical errors pose serious risks, like operating on the wrong site. Medication mistakes involve incorrect dosages or drugs, potentially leading to severe reactions or complications. Each error can significantly impact patient health and lead to legal action.

What Qualifies as Medical Malpractice in NC?

In North Carolina, medical malpractice occurs when a healthcare provider goes against the accepted standard of care, causing injury or death. This includes errors in diagnosis, treatment, aftercare, or health management. The patient must be able to prove negligence, a direct injury, and resulting damages to establish a valid malpractice claim.

What Is One of the Most Common Allegations in Medical Malpractice Claims?

One of the most common allegations in medical malpractice claims is diagnostic error, particularly failure to diagnose or delayed diagnosis. These errors often lead to worsened patient outcomes, as timely treatment is extremely important. Misdiagnosis can result from poor communication, inadequate testing, or overlooking symptoms, making it a critical issue in medical negligence lawsuits.

What Are the Four C’s of Medical Malpractice?

The four C’s of medical malpractice are caring, communication, competence, and charting. These principles help healthcare providers reduce legal risks. Caring builds trust with patients. Communication ensures understanding. Competence involves maintaining medical skills. Charting refers to accurate documentation. Following the four C’s promotes patient safety and can help prevent malpractice claims.

Contact Us Today

Medical malpractice in North Carolina encompasses a range of issues, from diagnostic errors to procedural mistakes. While the state reports a lower incidence of claims per capita compared to others, the financial and personal impacts on affected patients are significant. Recent high-profile cases highlight the ongoing challenges in ensuring accountability within the healthcare system.

If you or someone you know has been a victim of medical malpractice, it is important to connect with us as soon as possible. Elam & Rousseaux, PLLC, has the skill and experience to handle cases just like yours, and we are ready to provide you with the details and compassion you deserve. Contact us today.