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Four Things All Medical Malpractice Lawsuits Have in Common

August 27, 2018 General Civil and Business Litigation

Adrienne Harris, a mother of three from Charlotte, is fighting against the $500,000 cap on medical malpractice lawsuits set by North Carolina’s General Assembly after surgery on her fallopian tubes caused her to lose her hands and feet. Harris’ attorney argues that the doctor made many mistakes during the surgery, “…there was an injury to her bowel that went undetected, undiagnosed, and unrepaired…for two days.” According to medical reports, the surgeon left a hole in her small intestine that allowed the contents to leak into her body—causing sepsis—and poison her. When Harris went into surgery to have the hole treated, she learned that portions of her intestines had to be removed since they were also infected. Harris stayed under hospital care for several weeks following the second surgery, where eventually the sepsis spread to her hands and feet and all had to be amputated. Harris’ personal injury lawyer argues that because her injuries are so severe, she should be allowed to sue for compensation above the $500,000 cap, “No one can imagine what it would be like to suddenly wake up one day with no hands and no feet.”

When is a Professional Responsible for My Injuries?

Medical malpractice can be committed by any medical professional who breaches his or her duty of care or does not fulfill the industry’s standards of care. You may be a victim of medical malpractice if you are injured because your health care professional did not follow the accepted procedures of the medical community. For instance, any doctor (dentist, optometrist, dermatologist) typically provides a consultation or evaluation of a patient before performing any medical procedures and giving medical advice. If your doctor proceeds to giving you medical advice or providing you with medical treatment without explaining the nature of your procedure, he or she is breaching a duty of care by not informing you of the potential risks your procedure might have. 

Can I Prevent Becoming a Victim of Malpractice?

Every medical malpractice lawsuit is different and can be difficult to understand, as the injuries you sustain may not be recognizable right away. Even though you might feel “cheated” when dealing with your health care professional, you may not be sure if medical malpractice has happened. You could become a victim of malpractice if you notice that your doctor: 

  • Gives unusual or unsafe advice;
  • Acts unethically, or fails to perform common professional practices;
  • Makes multiple careless mistakes that other professionals in their field would not make; or
  • Takes and suggests “shortcuts” that violate industry laws or company policy.

What if I am a Victim of Malpractice?

In North Carolina, if you are the victim of malpractice, you have up to three years after the incident to file a lawsuit. In most cases, a personal injury attorney will determine what your case is worth and fight for your compensation in court. Getting in touch with a lawyer who is experienced in personal injury will strengthen your chances of receiving the compensation that you deserve. Contact the lawyers of Wallace Childers, PLLC and find out what your case is potentially worth today. Call us at 704-626-2900, or fill out the free case evaluation online.