Charlotte Serious Injury Lawyer

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Charlotte, NC Serious Injury Attorney

Doctors and nurses can change people’s lives for the better by performing marvelous acts of healing. These medical professionals can also change people’s lives for the worse by deviating from the expected standard of care. When this happens, the damage can be devastating, and it is vital to reach out to a Charlotte serious injury lawyer.

We at Elam & Rousseaux, PLLC, understand firsthand the catastrophic effects that medical malpractice can have on people’s lives. Based in Charlotte, we advocate for patients throughout North Carolina who have suffered serious injuries due to negligence.

Best Charlotte Serious Injury Lawyer

We handle cases involving a wide spectrum of conditions, including:

  • Brain damage: Brain damage can occur when the brain does not get enough oxygen, like with a stroke. There are a few reasons why this could happen due to medical malpractice. This could happen due to failing to intubate the patient properly or giving improper anesthesia to the patient.
  • Cerebral palsy: Cerebral palsy is a group of disorders that affect a person’s mobility. It can affect balance and posture. It can occur during pregnancy or during labor and delivery. There are some medical room complications that can cause cerebral palsy. These include a detached placenta or uterine rupture, which can affect oxygen levels in the baby’s brain.
  • Erb’s palsy: Erb’s palsy is a paralysis of the arm that is caused by injury. In medical malpractice, this can happen in babies when they suffer neck or shoulder injury due to the negligence of the doctor. This could happen for a number of reasons, including failing to order a C-Section or pulling on the baby’s head during delivery.
  • Heart attacks: If a patient suffers a heart attack after coming to the hospital with symptoms and those symptoms are misdiagnosed as something else, it could be considered medical malpractice. Symptoms do not only include chest pain but can also include vomiting. This can lead a doctor to believe it is an issue unrelated to the heart. Doctors, however, should perform proper diagnostic tests. These tests can determine if a patient is suffering an oncoming heart attack. When a doctor does not perform tests but relies only on their knowledge, it can be considered negligence, especially because a heart attack can cause the patient to suffer permanent injuries if they survive.
  • Other heart damage: Other forms of heart damage can occur from failure to diagnose, misdiagnosis, or improper management of a heart condition. A doctor can fail to diagnose a patient with heart disease because they mistake their pain for something else, such as indigestion, heartburn, or a panic attack.
  • Deep vein thrombosis: Deep vein thrombosis happens when a blood clot occurs in at least one of the veins in the body, most commonly the leg. It can cause swelling. The patient is usually in pain in the affected area. DVT doesn’t always occur because of medical malpractice, but when it does, it is often the result of inactivity during or after surgery. Malpractice also occurs if the doctor misdiagnoses DVT.
  • Pulmonary embolism: Pulmonary embolism is caused by a sudden block in the pulmonary arteries. Most of the time, these are caused by blood clots. Pulmonary embolisms can be life-threatening, so it is important that doctors treat them with care. Medical malpractice can happen if a doctor fails to treat PE or if they misdiagnose it. Examples of malpractice include a doctor failing to provide follow-up care or to order proper tests. If a doctor does not properly order and administer blood thinners, this is considered malpractice as well.
  • Neck and spine damage: Spine damage can cause permanent injury to a patient. It can also cause paralysis, rendering a person permanently incapacitated. Neck and spine damage can occur for a number of reasons, including improperly administered anesthesia, failure to recognize an injury, surgical errors, and chiropractic errors.

Throughout your case, we will give you personalized attention. Because we are a small firm, we can provide the experience and strength of a large firm while tailoring our service to your unique needs. You will receive compassionate, one-on-one counsel from an attorney who understands what you are going through.

Misdiagnosis Is One Of The Most Common Forms Of Malpractice

Any doctor can make a mistake when diagnosing a malady. However, misdiagnosis or failure to diagnose a condition can result in a delay of critical treatment. Doctors should take steps to identify your symptoms, perform appropriate diagnostic tests and consider corresponding diagnoses. Our attorneys can determine whether your doctor did not do this, and, if so, whether you can seek compensation for your damages.

Damage Caps on Medical Malpractice Claims in North Carolina

Most states implement limits on how much a person can claim in non-economic damages in a medical malpractice claim. Non-economic damages are losses that are not financial, such as pain and suffering and loss of quality of life. In North Carolina, this cap starts at $500,000 and is adjusted every three years for inflation.

There are exceptions to the damage cap rule. The first exception is if the patient suffered permanent injury or disfigurement. The second exception is if the defendant was reckless or intentional. In these cases, the damage cap will not apply.

Evidence Requirements in North Carolina

North Carolina requires those filing an injury claim to present a certain level of proof for their case. The first rule is that they must have at least one “expert medical witness.” The witness must swear in court that they’ve looked over the patient’s medical records and that they will testify that the patient’s injuries were caused by the medical professional’s negligence.

The second rule is that the injured person is responsible for proving that the medical professional’s negligence caused their injuries. They must provide all necessary proof to show this. This is the burden of proof rule.

FAQs About Charlotte, NC Serious Injury Laws

What Is the Statute of Limitations for Serious Bodily Injury in North Carolina?

The statute of limitations for bodily injury in North Carolina is three years. This starts with the date of the incident. This means you have three years to file a claim and go to court. There are a few exceptions to this law. A lawyer can help you understand the exceptions.

How Long Do You Have to File a Personal Injury Lawsuit in North Carolina?

If you want to file a personal injury lawsuit in North Carolina, you have three years to file the claim. If you file a claim outside this window, you will likely not be able to have a court date. There are a few exceptions to this rule, such as injuries being inflicted on a minor or the defendant is out of state, thus unable to be served.

What Is Personal Injury in North Carolina?

In North Carolina, personal injury happens when someone is injured during an accident. This could include a car accident, dog bite, fall, or medical malpractice. If you have suffered a personal injury, there are a number of rules implemented by the state that you would have to follow in order to successfully file the claim, including the three-year statute of limitations.

How Are Personal Injury Settlements Paid Out in North Carolina?

Personal injury settlements are paid in North Carolina to those who have been injured to compensate them for the accident. They typically cover medical expenses, lost wages, and pain and suffering. If both sides can reach a settlement, the injured party will receive their compensation in a lump sum. The lump sum is given to the injured party and their attorney. The attorney will deduct their portion and give the remaining portion to their client.

Get A Lawyer’s Help After Medical Malpractice in Charlotte, NC

If you have developed a serious injury or other condition due to medical negligence, you are not alone. We at Elam & Rousseaux, PLLC, are here to help you. To discuss your circumstances in greater depth, contact us for an initial consultation. To schedule your consultation, call 704-343-0000 or send an email.


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