FAQ Other Areas of Law

(Question): Something went wrong in my medical treatment. Do I have a medical malpractice claim against my doctor?

(Answer): It depends. Many factors must be evaluated to determine if you have a valid case under North Carolina law. The value of the loss, the ability to obtain an opinion of malpractice, competing causes of your damages, to name a few.

(Question): What do I need to prove in a medical malpractice case?

(Answer): Your medical malpractice claim must prove four factors to be successful:

1. Your healthcare provider had a “duty of care.”
2. The care you received fell below acceptable standards as determined by other medical providers within the same or similar medical community.
3. Your doctor or hospital’s negligent care must have caused your injuries.
4. The injuries you received must have resulted in significant injuries or impairments, such as lost wages, inability to work in the future, pain and suffering, or permanent injuries.

(Question): My loved one fell at her nursing home and broke her leg. Will the nursing home pay for her injuries?

(Answer): Probably not voluntarily. Like medical malpractice, nursing home negligence is a difficult case to prove. Consider bringing your case to an attorney for evaluation of the many factors to consider.

(Question): What are some common types of nursing home abuse?

(Answer): Nursing home abuse can take on many forms and may be physical, emotional, sexual, or financial in nature. Some common types include malnutrition, physical abuse, excessive restraints, poor hygiene, overbilling, and residents being denied care.

(Question): What type of compensation may I be able to receive?

(Answer): An elderly patient who has suffered as a result of nursing home abuse may be able to receive compensation for medical care, ongoing medical treatment, pain, suffering, damage to personal property, and emotional trauma.