Rutherfordton Medical Malpractice Attorneys

Strong advocacy when medical negligence causes injuries and death in North Carolina

Everyone who seeks medical help hopes they will receive a correct diagnosis. We all hope there are cures and treatments. Unfortunately, for many patients, the care they receive causes harm. While most doctors and health providers in North Carolina do provide competent care, there are many doctors who make critical mistakes that change a patient’s life forever. While doctors and hospitals fight medical malpractice complaints, our skilled Rutherfordton trial lawyers understand why doctors are liable, and why they should pay for failing to provide competent help.

The Rutherfordton medical malpractice attorneys at Price, Petho & Associates work with a network of doctors and healthcare professionals who understand the appropriate standards of care for each type of medical practice. The doctors we work with are ready to prepare reports and testify, if necessary, in court about why the defendant’s care was incompetent. We demand compensation for all your injuries and the death of anyone who dies due to medical malpractice.

Our record of successful results includes a $4,775,000 settlement on behalf of a woman who suffered cardiac and respiratory arrest after being admitted to a local rural hospital for a routine childbirth. Let us help you too.

How can we help?

What constitutes medical malpractice in North Carolina?

The definition of medical malpractice applies to physicians, hospitals, midwives, nurses, medical technicians, pharmacists, and other healthcare providers. The essential elements of a medical malpractice claim are:

  • A healthcare provider owed you a duty of care. The duty is generally based on an agreement between the healthcare provider and the patient where the patient seeks medical help, and the healthcare provider agrees to provide that help.
  • The healthcare provider must breach the accepted duty of care. Healthcare providers must meet the standard of care for their specific type of practice. These standards are based on guidelines from medical boards, medical agencies, the state of North Carolina, and the accepted standard of care by other medical professionals in the same practice area. For example, orthopedists are judged based on the standard of care of other North Carolina orthopedists. The same idea is true for surgeons.
  • The failure to provide care according to accepted standard of care must be the proximate cause of your injuries or illness. This means the breach of acceptable standards must have caused your injuries or prevented competent medical treatments from being given to you. You can’t file a medical malpractice claim if your injuries or disease would have occurred even if the acceptable standard of care had been followed.

Understand that not every error or unwanted outcome will rise to the level of medical malpractice. For this reason, we are particular about the cases we take. Physicians and other healthcare providers will contest them because their reputation is on the line. Patients do need to have significant injuries or disabilities as a result of the negligence.

Our Rutherfordton attorneys work to show your doctor or another healthcare provider breached their duty of care, and that your injuries are substantial.

What are common examples of medical malpractice?

There are many different types of medical malpractice – often depending on the type of doctor who committed the malpractice. Some of the common types of medical malpractice in North Carolina include:

  • A diagnosis that is improper or is delayed. An improper diagnosis can lead to improper treatments. A delayed diagnosis can mean that a patient’s condition worsens until a correct diagnosis is made. Often, if the diagnosis is delayed too long, your condition can’t be corrected.
  • Mistakes during surgery. Common surgical errors include leaving items inside the patient, operating on the wrong body part or the wrong patient, failure to monitor the patient during surgery, and failure to monitor the patient after the operation. Complications can include respiratory problems, brain trauma, infections, and blood clots.
  • Birth injuries. These injuries may be due to mistakes made during the pregnancy, during the delivery, and after the delivery. Injuries may include brain damage, cerebral palsy, HIE, and other disorders.
  • Medication mistakes. Doctors need to order the correct drugs in the correct amounts. Pharmacists need to prepare the correct drugs and dosages. Doctors and pharmacists should understand any dangerous interactions with other drugs. Patients should be warned of possible adverse side effects.
  • Anesthesia mistakes. Mistakes in providing anesthesia during surgery can cause brain damage or death.

Other types of medical malpractice include failure to take a proper patient history, not ordering the correct tests, not reading the test results properly, and the premature discharge of a patient.

At Price, Petho & Associates, our Rutherfordton medical malpractice lawyers represent injured patients and the families of loved ones when medical malpractice is fatal.

What damages can be awarded in a Rutherfordton medical malpractice case?

The costs of any medical malpractice that causes catastrophic injuries or prevents a person from being able to receive the correct treatment can be astronomical. Many medical malpractice victims live with a lifetime of pain. For many medical malpractice victims, their life is never the same as before the medical care.

Damages in medical malpractice cases include:

  • Medical bills. These include:
    • The cost of corrective surgery. For some medical malpractice victims, corrective surgery can help repair any damage caused by an improper diagnosis or provide the correct treatments when a proper diagnosis is finally made. The surgery bill normally includes the surgeon’s bill, the anesthesiologist’s bill, and the hospital’s bill.
    • Hospital bills. Just one night in a hospital can cause tens of thousands of dollars. Patients may need to stay in a hospital, even if there is no surgery, so their condition can be monitored, and the proper tests given. The hospital bills usually include emergency (ER) care.
    • Doctor visits. Medical malpractice victims often need to be examined by other doctors who can provide a competent diagnosis and competent treatments. Once the correct diagnosis is made, additional medical visits are often required.
    • Rehabilitative care. This includes physical therapy, occupational therapy, vocational therapy, and other types of help – so the patient can make the best recovery possible.
    • Additional medical malpractice expenses. These include the cost of assistive devices such as prosthetics, medications, and psychological help.
  • Daily physical pain and emotional suffering.
  • Lost income. Because you couldn’t or won’t be able to work due to the lack of proper medical care.
  • Personal losses. These include scarring, disfigurement, loss of life’s pleasures, and loss of consortium.

If a loved one died due to medical malpractice, we file a wrongful death claim on behalf of the family of the deceased.

How long do I have to file a Rutherfordton medical malpractice claim?

Generally, you have three years to file a medical malpractice claim. You generally only have two years to file a wrongful death claim based on medical malpractice.

You should contact us immediately. The sooner you meet with us, the sooner we can arrange for you to be evaluated by our network of doctors. If a doctor is incompetent, the filing of a complaint and a settlement or award can mean that doctor doesn’t harm other people. It’s also important to move quickly while everyone’s memories of the medical care and the patient’s difficulties are fresh in everyone’s minds.

Is there a medical malpractice attorney near me?

At Price, Petho & Associates, we meet with clients at 1420 Elizabeth Ave in Rutherfordton. We also maintain offices in Charlotte and Rockingham for your convenience. If you are too ill to come to our office, we will make arrangements to meet you at home or another convenient location.

Speak with a caring Rutherfordton medical malpractice attorney now

For four decades, the attorneys at Price, Petho & Associates have stood up for the rights of malpractice victims in Rutherfordton and throughout North Carolina. If you or somebody you love has been injured due to the careless or negligent actions of a medical professional, we have the resources and the experience to help. Contact us today by completing our contact form or call us at 704-372-2160 for a free consultation.