Important Medical Malpractice Laws in NC

Of all the different types of personal injury cases, medical malpractice is possibly the most damaging because we put our trust in our medical providers to help improve our health and wellness, not damage it. But, healthcare providers are human and as such, errors do occur.

If you think you have a medical malpractice claim, then Bain & Rodzik's medical malpractice attorney in Shallotte NC can help. Here, we share some information about North Carolina's medical malpractice laws that you may want to know.

Is There a Limit to the Damages in Medical Malpractice Cases in NC?

Yes. North Carolina medical malpractice law places a limit, or cap, on the amount that can be awarded a plaintiff in a successful medical malpractice case. In 2001, a law was passed that capped non-economic damages at $500,000. Non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, and other factors that result from the healthcare provider's negligence. Starting in 2014, the $500,000 cap will be adjusted annually for inflation.

Exceptions to the Rule

While North Carolina places a cap on non-economic damages, there is one exception where this cap is not engaged. If the patient suffers a disfiguring or permanent injury and the defendant's malpractice is determined to have been due to recklessness, malice, an intentional act, or gross negligence, then all of the potential damages will be uncapped.

In addition, compensation for losses due to the malpractice like past and future medical bills, lost income, lost earning capacity, and other financial damages are not subject to capping under North Carolina medical malpractice laws.

Contact Our Medical Malpractice Attorney in Shallotte NC for a Free Consultation

If you or your loved one has suffered an injury while receiving medical treatments, then you may be entitled to certain damages if your healthcare provider was negligent. Bain & Rodzik's medical malpractice attorney in Shallotte NC can review your case to help you determine if your provider was, in fact, negligent and the primary instigating factor for your injury. Call us today at 910-762-1199 to schedule a free initial consultation. As always, you don't pay a thing unless we win your case.