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North Carolina Statute Critical in Medical Malpractice Claims

standard of careAn average person generally does not have experience litigating medical malpractice claims. When someone experiences the unfortunate results of a medical error or misdiagnosis, justice is sought. One of the key points that must be addressed in medical malpractice claims is the standard of care. A specific area of the North Carolina General Statutes addresses medical malpractice. One of these statutes concerns standard of care.

N.C. Gen. Stat. § 90-21.12

...the defendant health care provider shall not be liable for the payment of damages unless the trier of fact finds by the greater weight of the evidence that ​the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action...

This statute imposes a responsibility on the plaintiff to provide clear evidence that another doctor, nurse, or respective health care provider with comparable experience and expertise would not make the same error. This would show that the defendant did not meet the medical professional standard of care. How can one prove this? Medical expert testimony is one way. Experts can provide statements concerning the actions of the alleged wrongdoer and what should be expected of a healthcare provider in that position.

Proving a doctor was negligent is just one step in a malpractice claim. Another item to prove is that the doctor's actions caused the patient harm. A secondary infection, illness, surgical correction, lost work, or other conditions the patient experienced must not be attributed to any other cause other than the doctor's actions.

Our medical malpractice attorneys in Raleigh provide an Overview of Standard of Care in Healthcare. Contact our firm for a complimentary case evaluation and we can explain how standard of care evidence should be approached in your unique case.