Sometimes people find themselves in the unfortunate position of being worse off after treatment by a doctor, nurse, hospital, dentist or other medical care provider than they were before receiving the medical care. North Carolina law provides a means by which a person can be compensated for substandard care through a legal action know as medical malpractice. The attorneys at Collins & Maready are experienced in handling medical malpractice actions and can help victims of medical negligence receive compensation in cases of serious injury. Please read on for general information about medical malpractice actions.

1. Medical negligence
2. Personal Damages

Medical negligence is more than just an error in judgment and more than just a bad result. It is care given by a doctor (or any health care provider) that does not meet the standards practiced by other doctors in the same type of practice with similar training and experience located in the same or similar communities. Whether the doctor has acted outside of this standard of care can only be determined by a medical expert in the same health profession. North Carolina law provides that, before filing a lawsuit, an expert must review the care given and be willing to testify that the care did not meet the standards of the profession. Contacting a qualified expert on a client's behalf is a part of what an attorney does in the legitimacy of a case.

Damages is the term used to identify the value of the harm suffered because of the negligent care given by the doctor. There must be a connection between the conduct of the doctor and the harm suffered. In other words, one must demonstrate through testimony of medical experts that the harm suffered would not have occurred but for the doctor's negligent care.

Medical negligence lawsuits have associated expenses. These expenses typically include the cost of obtaining the services of one or more experts to support the case. Medical experts are hired to review medical records and testify at trial as to the standard of care and how the care in the case varied from the standard. Often, other experts are consulted or hired, including financial experts in cases where the injury resulted in a loss of earning potential, or rehabilitation experts in cases where the injury resulted in physical limitations. Other expenses include the cost of depositions of parties or expert and lay witnesses taken in preparation for trial. Depositions are interviews of the witnesses before a court reporter who records everything said in the form of a transcript. The expense of a deposition includes doctors' time to appear at the deposition, the court reporter's time, the cost of the transcript, and the cost of travel.

This is a very brief description of this area of the law and should not be relied upon as applicable to your case. You should consult with an attorney to determine proper action.