As a North Carolina medical malpractice lawyer, I speak regularly with individuals who are trying to determine if they can move forward with suing a hospital or doctor after suffering from negligence or malpractice. While most of us have heard of medical malpractice and know it gives rise to a lawsuit, there is something that seems ‘untouchable’ about doctors and hospitals. Often, it leads us to convince ourselves we shouldn’t look to them for recovery.
Whether you receive treatment in a hospital or a doctor’s office, there is a duty of care owed to individuals who are clients or patients of the business. Typically, whether you are suing a hospital or a doctor depends on whether the doctor is an employee of the hospital, and whether the injury sustained occurred at the hands of a medical practitioner or was the result of a defect on the premises. Falling on a wet floor at the hospital for instance, is going to give rise to a claim against the hospital, rather than any particular individual working for the hospital. Regardless of the nature of your case and your injuries, our team is here to help you.
Our attorney Chris Layton became a lawyer to help people who would otherwise be taken advantage of. He is dedicated to protecting your rights and helping you recover after a case of medical malpractice. As a North Carolina resident for over 20 years, and with over a decade of legal experience, he is committed to serving members of the North Carolina community with their legal needs. To discuss your case with our team and find out how we can assist you, contact The Layton Law Firm today to schedule your free consultation.
Frequently Asked Questions
How do I know if I have a medical malpractice case?
If you believe that a healthcare provider’s negligence caused you harm, a medical malpractice lawyer can review your case to determine if you have grounds for a lawsuit.
What is the statute of limitations for medical malpractice in North Carolina?
In North Carolina, the statute of limitations for medical malpractice cases is typically three years from the date of the injury, with some exceptions.
Determining How To Pursue Compensation After Malpractice
Generally speaking, provided the behavior of the doctor is within the scope of his or her job, if a mistake is made and the doctor is an employee of the hospital, the hospital will be responsible for that mistake. In other words, they can’t just push it off on the doctor.
In many cases, doctors aren’t actually employees of the hospital. In North Carolina, these individuals are known as independent contractors. In a scenario where a doctor who is not the employee of the hospital acts negligently, our North Carolina medical malpractice lawyer would pursue damages from the individual doctor’s medical malpractice insurance policy, rather than the hospital’s. By discussing your case with our team, you can understand your situation and how to pursue compensation.
There are times where even an independent contractor’s actions can give rise to a claim against the hospital. One example is where the hospital appeared to be the doctor’s employer. Typically during the admissions process, the hospital will let the patient know clearly that the doctor is or is not an employee of the hospital. Our North Carolina medical malpractice lawyer will obtain these forms and examine them to determine the responsible party or parties in your case.
Contact Our North Carolina Medical Malpractice Lawyer Today
If you have questions about an injury you or a family member sustained at the hands of a doctor or hospital, please call to speak with our medical malpractice lawyer today. You deserve to have your questions answered, and we are here to provide you with the information you need to make a decision. You can reach us at 704.749.7747 or complete this quick contact form and we will call you. Contact our team at The Layton Law Firm today.