CHARLOTTE Medical Malpractice Attorney
Personal Injury Lawyer with 15+ Years of Experience
Doctors, nurses, and other health care providers are responsible for providing care to their patients in accordance with the standards of other trained healthcare providers under similar circumstances—the failure to do so is negligence. Health care providers usually never intend to harm others, but sometimes, their actions can lead to pain and injury. Regardless of the intention, medical malpractice at the hands of someone you trusted is an offence and entitles you to compensation.
Attorney Dexter Benoit, the founder of Benoit Law Firm, PLLC, has decades of experience in medical malpractice cases on both sides of the courtroom, so he understands how to best design a case that will work for you.
If you think you’ve been injured by a doctor or other health care professional, contact our office to discuss options. Call our medical malpractice attorney in Charlotte at (877) 909-4088 to schedule your free consultation today.
Do You Have a Medical Malpractice Claim?
Medical malpractice lawsuits are relatively common in the United States. The legal system is designed to encourage negotiations between parties to quickly resolve disputes without a trial. Our Charlotte personal injury firm follows this same path, though we are prepared to go to court for you if needed. Attorney Dexter Benoit started his legal career defending medical practitioners and institutions accused of malpractice, so he understands how things work on the other side. He ultimately switched his focus after realizing he’d rather help victims of such unfortunate errors than defend the parties who caused them.
To make a medical malpractice case, an injured patient must show that a physician acted negligently while providing care, and that such negligence resulted in an injury. To do so, four elements must be proven:
- A professional duty was owed to the patient
- A breach of such duty was committed by a healthcare professional
- An injury was caused by the breach
- The injury resulted in damages to the victim
When compensation is awarded, it typically covers more than just medical bills, such as pain and suffering and any mental trauma caused by the incident.
What Damages Can You Recover for Medical Malpractice?
Victims of medical malpractice are able to pursue all three types of damages available in all other personal injury claims. Unlike other personal injury claims however, North Carolina, like many other states, imposes a cap on the amount of non-economic damages an injury victim can recover. According to the North Carolina law this cap applies in all cases except where:
The malpractice resulted in certain permanent injury or disfigurement
The defendant's conduct was grossly negligent, intentional, or maliciousent