In North Carolina, federal healthcare laws prohibit doctors from providing inferior medical treatment. The laws outline the standard of care for all patients. The doctors must meet the standard for all patients without using discriminatory practices. A local lawyer provides assistance for all patients who suffered a medical injury.
The Statute of Limitations
According to the statute of limitations, the patient has three years to file a legal claim. An additional year is added for conditions discovered after the statute runs out. Typical conditions are undiagnosed brain injuries. The laws don’t allow extensions beyond four years following the date of the injury.
Are There Exceptions?
Yes, the statute of limitations doesn’t apply if a foreign object is found inside the patient’s body. The maximum time limit for the discovery of foreign objects is ten years. The doctor is held accountable for any additional injuries resulting from the foreign object.
Does the State Impose Caps on Monetary Damages?
The state of North Carolina doesn’t impose limits for economic damages awarded in a medical malpractice case. Punitive damages are limited to a maximum of $500,000. The state offers an exception and removes the cap if the doctor was guilty of an act of malice.
The patient presents invoices for their medical care and expenses to collect economic damages. Punitive damages are assigned by the judge as a form of financial punishment for the doctor.
What Rules Apply to Evidence in the Malpractice Case?
The state requires a medical doctor to provide a sworn affidavit in a medical malpractice case. The legal document indicates that the doctor reviewed the patient’s medical files and is presenting testimony. The witness must understand the condition identified in the records and explain how it happened. Next, the patient’s burden of proof must show that a failure to meet standards caused their injuries.
In North Carolina, health care providers must meet standards outlined under federal laws. The regulations stop doctors from lowering or raising the standard based on personal preferences or beliefs. Patients who want to start a claim contact medical malpractice lawyers in Charlotte NC and schedules an appointment right now.