Western North Carolina Medical Malpractice Lawyer

Western North Carolina Medical Malpractice Attorney

At our boutique law firm, we understand that all those who find themselves in a situation where they need a Western North Carolina medical malpractice lawyer have also had their lives turned upside down. Unlike other firms, Elam & Rousseaux, PLLC, is not a high-volume firm where your case will be overlooked and another file in the cabinet. Our firm, which is family-run, treats every client just like family.

Why Choose Our Firm for Your Medical Malpractice Case?

Some of the most complex and emotionally charged legal claims a person can face are medical malpractice cases. Along with basic legal logistics, they also require dedication, resources, and compassion. Our firm takes a selective approach to each of the cases we handle, rather than the traditional focus on volume and fast settlements. We take the time to dig deep, consult with any necessary experts, and build a tailored case aimed at getting results.

When you choose our firm, you are choosing:

• Hands-On Representation
• A Family-Centered Approach
• Quality Over Quantity
• Rooted in Western North Carolina

What Is Medical Malpractice?

When a healthcare provider, such as a doctor, nurse, hospital, or technician, fails to meet the standard of care, and that failure causes harm, it is considered medical malpractice. This harm can take many forms, including a surgical error, a missed diagnosis, a medication mistake, or negligent prenatal care. No matter the cause, these consequences tend to be devastating.

The role of a Western North Carolina medical malpractice lawyer is to investigate what happened, hold the responsible parties accountable, and help families get the compensation they deserve to move forward.

Common Types of Medical Malpractice Handled in Western North Carolina

Several different types of medical malpractice cases are handled across Western North Carolina. These negligent cases include:

• Misdiagnosis or Delayed Diagnosis
• Surgical Errors
• Birth Injuries
• Medication Errors
• Anesthesia Mistakes
• Hospital Negligence

Western North Carolina Regional Health Data

The 2021 Behavioral Risk Factor Surveillance System (BRFSS) survey provides health status data for Western North Carolina. Although it doesn’t directly discuss medical malpractice, it does offer context on general health perceptions in the region. Approximately 80.9% of respondents rated their health as excellent, very good, or good, while 19.1% rated it as fair or poor.

Data like this and more discussed in this survey allow residents, government leaders, visitors, healthcare workers, Western North Carolina medical malpractice lawyers, and others alike to see the trends of healthcare satisfaction throughout the area.

What To Expect From Us

We focus on understanding your story from the moment you contact us. Our process begins with a free consultation, and then, if we believe you have a solid case, we can conduct a thorough investigation. This may include:

• Reviewing medical records
• Consulting with independent medical experts
• Gathering witness statements
• Examining practice policies and procedures

Through this process, we keep our clients informed, are available to answer any questions that may arise, and consult with clients on key decisions. Although no amount of money can undo what has been done, we strive to hold healthcare providers accountable to prevent future harm and provide your family with justice.

Compensation in a medical malpractice case may include:

• Medical bills
• Lost wages or earning potential
• Pain and suffering
• Long-term care costs
• Wrongful death damages

Western North Carolina Medical Malpractice Statute of Limitations

​In North Carolina, the statute of limitations for medical malpractice cases is generally three years from the date of the alleged negligent act. However, if the injury is not immediately apparent, the statute allows for a one-year extension from the date the injury is discovered, capped at four years from the date of the incident. This discovery rule applies in cases where harm is not immediately evident, such as delayed diagnoses or surgical errors.

There are several exceptions to this statute of limitations, and it is always advised that you should reach out to an experienced Western North Carolina medical malpractice lawyer to make sure you are within your timeframe before filing a claim.

FAQs About Western North Carolina Medical Malpractice Laws

What Compensation Can You Seek for Medical Malpractice in North Carolina?

In North Carolina, you can seek and potentially recover compensation in the form of economic and non-economic damages for medical malpractice. Economic damages, like medical bills and lost wages, have no cap. Non-economic damages, such as pain and suffering, are capped at a certain amount, which changes every three years.

If the malpractice resulted from reckless or intentional misconduct, exceptions may apply. It is always a good idea to consult a qualified attorney to evaluate your case and determine the appropriate compensation amount.

What Are the Odds of Winning a Medical Malpractice Case?

The odds of winning a medical malpractice case vary. Success rates improve with stronger evidence of negligence or serious injury. Many cases settle out of court, which can lead to compensation without a trial. Legal representation, expert testimony, and clear proof of medical error significantly increase the chances of winning or reaching a favorable settlement.

What Four Things Must Be Proven in a Medical Malpractice Case?

In a medical malpractice case, the four key elements that must be proven include duty, breach, causation, and damages. First, the healthcare provider must have owed a duty of care to the patient. Second, there must be a breach of that duty through negligent action or omission.

Third, it must be shown that the breach directly caused the patient’s injury. Finally, the patient must have suffered actual damages, such as physical harm, emotional distress, or financial loss, as a result.

What Qualifies as Medical Malpractice in NC?

In North Carolina, medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or death to a patient. To qualify, the provider must have acted negligently, and this negligence must have directly caused harm. Victims must prove duty, breach, causation, and damages. North Carolina also requires expert testimony to validate claims and has a statute of limitations for filing legal claims.

Contact Elam & Rousseaux, PLLC, Today

If you believe that you or a loved one has been harmed due to medical negligence, it is time to contact us today. Elam & Rousseaux, PLLC, is well-versed in this area of law and is ready to provide the attention and compassion your case deserves. Don’t wait to reach out to us. There are strict time limits in North Carolina for filing these types of claims, and evidence fades over time.

Let us help you. Contact us today for a free consultation with one of our Western North Carolina medical malpractice lawyers.