| Medical
Malpractice
Medical malpractice is the result of
a healthcare provider's failure to
provide the expected standard of care.
Unfortunately, some doctors cause harm
through their mistakes, ignorance,
negligence, lack of skill and
misdiagnosis. Rich Flexner of The Law Offices of Richard Flexner,
P.A. is a North Carolina trial attorney with more than 25 years of
experience, and is serious about helping
negligence and accident victims.
We serve the residents of Wilmington,
New Hanover County,
Wrightsville Beach,
Oak Island,
Brunswick County,
Kure Beach,
Pender
County,
Carolina Beach,
Columbus County,
Burgaw, Southport,
Bladen County, Elizabethtown, Bolivia,
Whiteville, and throughout North
Carolina. We work hard
for the people we represent. Every
client matters to us, and our goal is to
get you the maximum possible settlement
or award for your injuries.
Despite bringing health and hope to
millions of U.S. citizens every day, far
too many Americans are injured or killed
due to medical mistakes. In November
1999, the Institute of Medicine (IOM)
released a report estimating that as
many as 98,000 patients die each year as
a result of medical errors in hospitals.
Compound this number with the unreported
mistakes made in other healthcare
settings (physicians' offices, urgent
care centers, nursing homes, pharmacies
and home care) and the magnitude of
medical malpractice becomes staggering.
In addition to the high costs of medical
mistakes in terms of lives and quality
of life, our nation pays an estimated
$17 billion per year in costs due to
preventable errors.
In the state of North Carolina, any
medical malpractice lawsuit must be
brought within three years from the time
of injury, or within one year of the
date when the injury was or should have
been discovered. However, foreign object
cases must be brought within one year
from the date upon which the foreign
object is discovered, but no longer than
10 years from the date of the
occurrence.
Legally, healthcare professionals are
only required to give a standard of care
that is ordinary or normal. When a
physician is determined to be negligent,
it means that he or she has failed to
use the same degree of skill and
learning, under the same or similar
circumstances, that are used by other
members of the medical profession. Some
of the most common ways that medical
malpractice occurs is through failure or
errors in timely diagnosis and ordering
appropriate treatment, ordering
necessary tests and proper medication,
consulting with specialists, and
surgical procedures. Although there are
numerous types of malpractice claims,
here are some of the most common:
- Wrongful death
- Birth defects or injuries
- Hospital, physician, and nursing
negligenc
- Misdiagnosis
- Nursing home injuries and elder
abuse
- Pharmaceutical errors
If we are able to prove your
medical malpractice case and the medical
provider is found negligent, then you
are entitled to recover
"damages." Damages are
intended to help you return to the
condition you were in prior to the
injury. There are several forms of
damages that you may recover in a
medical malpractice award - economic
(for lost wages or medical expenses),
non-economic (for pain and suffering),
or punitive (to punish reckless
behavior) damages. You may also receive
compensation for future medical expenses
and loss of future earnings. Punitive
damages occur only in rare cases when it
is proved that the medical practitioner
had malicious intent.
Medical malpractice claims are one of
the most difficult areas of litigation,
since the negligent action must be
documented and proven within specific
guidelines. The Law Offices of Richard Flexner
has the experience and resources to
thoroughly investigate and validate your
case. We take the time to listen to our
clients and respond to their needs,
because a serious injury affects both
the injured person and their entire
family.
If you feel that you or a loved one
has suffered due to medical malpractice,
call The Law Offices of Richard Flexner, PA, at 1-800-FLEXNER
or 910-794-3221.
You may also contact us through our online
form.
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