What To Do If You Suspect Medical Malpractice in North Carolina? 2025

In the medical profession, a single mistake can result in lasting harm to a patient, leaving them to face serious and sometimes permanent health consequences. When it comes to patient care, there is no room for error. If you have been harmed in the medical setting near or around Charlotte, you may not know what to do if you suspect medical malpractice in North Carolina. Figuring out your next steps can be overwhelming.

What Qualifies as Medical Malpractice?

Before exploring your options to address suspected medical malpractice, it’s important to grasp what that term means. Medical malpractice refers to situations where errors, negligence, or recklessness by a healthcare professional lead to patient harm. Malpractice goes beyond just a mistake — it has to be one that a reasonably careful medical professional would not have made, and it must lead to real patient harm.

Medical malpractice covers a broad spectrum of situations, but here are a few examples:

• Surgical errors (operating in the wrong area or using the wrong method)
• Medication errors (prescribing the wrong dose or wrong medication or overlooking known allergies)
• Delayed diagnosis
• Misdiagnosis
• Anesthesia errors
• Poor aftercare
• Negligence resulting in injury or infection
• Birth injuries
• Failure to diagnose
• Unnecessary surgery or treatment

What Do I Do If I Suspect Medical Malpractice?

Now that you have a basic understanding of what counts as medical malpractice, you need to know what you can do with that information. Here are some steps you can take to report and pursue compensation:

• Get proper medical attention. First, it’s important to address any immediate health issues. If you are currently experiencing health difficulties or a health emergency, call your healthcare provider or 911.
• Obtain a second opinion. Expert testimony plays a huge part in medical malpractice cases, so not only can it bring you peace of mind, but it can also serve as evidence in a medical malpractice claim.
• Request medical records. Your medical records show exactly what the medical provider did or didn’t do and should include all test results, diagnoses, and treatments. In North Carolina, you have a legal right to your records under state and federal law. Keep your request simple by writing a letter or using your provider’s request form. You don’t need to tell them why you want your records, but they will be important evidence for your case.
• Get legal assistance. A skilled North Carolina medical malpractice lawyer can significantly strengthen your case and your pursuit of fair compensation. They’ll guide you past common pitfalls that could weaken your claim and ensure that any missteps are avoided.

In Charlotte and throughout North Carolina, you have three years from the date of the incident — or one year from the discovery of your injury, whichever is shorter—to file a claim per N.C. Gen. Stat. § 1-15 (c). Therefore, timing is critical. Acting promptly allows you to seek financial compensation before the legal window for reporting medical malpractice closes. In some cases, the statute of limitations can be extended.

You can also file a claim for non-economic damages. As of January 2023, N.C. Gen. Stat. § 90-21.19 legally caps the limitation of compensation for non-economic damages at $656,730. This figure adjusts every three years to account for inflation and covers pain and suffering, emotional distress, loss of enjoyment of life, scars, and disfigurement.

Here’s a brief overview of what happens once you decide to pursue your case: After you meet with your attorney, they submit your complaint to the Mecklenburg County Clerk of Superior Court, either in person or electronically. Once all the necessary legal paperwork is filed, the defendant — such as the hospital or your healthcare provider — gets formally served with the complaint.

Nothing can reverse the unjust and permanent damage you are experiencing, but the right North Carolina lawyer can help you pursue justice in the form of monetary compensation and peace of mind.

FAQs

Can I Represent Myself in a Medical Malpractice Case?

In the state of North Carolina, it is legal to represent yourself, but there are certain advantages to hiring a talented medical malpractice lawyer. Not only do they have an understanding of how to file a claim and negotiate a settlement, but their presence also means that you don’t have to handle legal and administrative duties on top of dealing with the impact that medical malpractice can have on your mental and physical health.

How Much Does a Medical Malpractice Lawyer Cost in North Carolina?

The cost of a medical malpractice lawyer in North Carolina tends to vary depending on certain factors. For example, the length of time it takes to reach a settlement, the level of complexity of your unique case, and the lawyer you choose to represent you would impact cost. Elam & Rousseaux, PLLC, is ready to help you pursue the compensation you deserve, making it their goal to build a case worthy of your time and money.

How Hard Is Medical Malpractice to Prove in North Carolina?

Proving a medical malpractice case can be difficult because you need to show that the healthcare provider failed to meet the accepted standard of care, that the failure directly caused your injury or condition, and that you suffered real harm as a result, such as physical pain, emotional distress, or financial loss. For the optimal outcome, you should seek the assistance of a knowledgeable medical malpractice lawyer.

What Is the Hardest Element to Prove in a Medical Malpractice Case?

The hardest thing to prove in a medical malpractice case is causation. This means showing that your injury or illness stems directly from a provider’s negligence or error. To build this connection, you’ll need detailed medical records, a clear timeline of events, and the testimony of a certified medical expert to link your current condition to past treatment. Partnering with a medical malpractice attorney ensures you won’t have to gather this evidence on your own.

Share Your Story Today

Facing the repercussions of medical malpractice can be disheartening and overwhelming. Fortunately, you do not need to carry this burden alone. Elam & Rousseaux, PLLC, is a small family law firm dedicated to our clients. We are committed to advocating for you with the same care we’d give our own loved ones.

We’re here to listen to your story, lighten your load, and guide you toward peace of mind. Your health and well-being are our priority, and partnering with our skilled, compassionate attorneys can help you secure the justice you deserve. Contact us today to schedule a consultation.