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What Are the Financial Limits in a Medical Malpractice Case?

Oct 3, 2019 Brown Moore & Associates

Nobody should ever have to worry about being harmed due to the careless or negligent actions of a healthcare provider. However, when mistakes do occur, patients should be able to recover compensation for their injuries. At Brown, Moore & Associates, PLLC, we understand these cases and are ready to help you. Our Charlotte medical malpractice lawyers want to discuss these cases as well as the amount of coverage you can receive after a medical error causes you harm.

How much of a problem is medical mistakes?

Researchers at Johns Hopkins say that medical mistakes are the third leading cause of death in this country, killing approximately 250,000 people each year. However, many millions more survive medical mistakes and are left picking up their pieces. This usually includes serious economic and non-economic damages.

Some of the most common medical mistakes include:

  • Surgical mistakes
  • Missed diagnosis
  • Failure to treat
  • Medication errors
  • Birth injuries
  • Early discharge from the hospital
  • Healthcare-acquired infections

Are there caps to how much a person can receive?

A person who files a medical malpractice lawsuit to recover losses does so because they need to, not because they simply want to file a lawsuit. Victims of medical malpractice suffer enormous losses, some of which are immeasurable. However, there are certain limits imposed in North Carolina when it comes to certain damages.

There is no limit to the amount of economic damages a person can receive in these cases. This means that a victim of medical malpractice can receive compensation for their medical expenses, lost income, and other treatment or modifications necessary due to the mistake.

When it comes to non-economic damages, there is a limit of $500,000 in place. Non-economic damages include:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life

These damage caps do not apply to non-economic damages if a jury finds that:

  • The victim suffered the loss of use of a part of their body, permanent injury, disfigurement, or death.
  • The medical provider’s actions were grossly negligent, fraudulent, reckless, committed with malice, or intentional.

These cases can become incredibly complex, and victims need to keep in mind that there is a three-year statute of limitations in place for these cases. Please act quickly to ensure you receive the compensation you deserve.

Let us get to work on your behalf

If you or a loved one have been harmed due to the careless or negligent actions of a healthcare professional, please seek legal assistance as soon as possible. The team at Brown, Moore & Associates, PLLC is ready to get to work investigating your case so we can secure the compensation you deserve. This can include:

  • Compensation for all medical expenses related to the mistake(s)
  • Coverage of lost income and benefits if you are unable to work
  • Loss of enjoyment of life damages
  • Pain and suffering damages
  • Punitive damages against the healthcare provider/agency responsible

If you need a Charlotte medical malpractice attorney, you can contact us for a free consultation by clicking here or calling us at 704-335-1500.