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Your Wilmington, NC, Medical Malpractice Lawyers
Medical professionals save lives every day. We can all think of examples of medical professionals who went beyond the call of duty to help someone in need of medical attention. However, everyone makes mistakes.
And when a medical professional makes a mistake, the results can be devastating. Death and permanent injury can result. Who should bear the cost of these mistakes? The victim of the mistake? The parent who is left without a child or the child left without a parent?
The law places the cost of accident on those who cause them. This is true on our roads and in our medical facilities. And isn’t that the way it should be?
Generally, we know what the right thing to do is. If I am playing catch with my son at my house and a ball goes through the neighbor’s window, what should we do? Should we run inside and hide? Should wait for the neighbor to come to us? Should we say, “I have lived here for months or years and never broken your window.”? Should we say, “Look at all of the good things I have done for this community. How dare you question my conduct!”?
No, we should walk over to the neighbor’s house. We should ring the bell. We should say, “We are sorry. We made a mistake. Please let us know how much it cost to repair the damage so that we can pay you immediately.”
What if I bump a parked car in the night? No one saw. No one knows. Should I drive off in silence? Should I look around quickly and leave in a hurry.
No, I should find the owner. Tell him what happened and apologize. I should make arrangements to pay for the cost to repair the damage.
And so it is with medical mistakes. Most of the time, the person who made the mistake is not bad. Usually the person is a talented, dedicated and attentive medical professional. She did not mean to hurt anyone. In fact, she has dedicated her entire professional life to helping people. But we all make mistakes. And when a medical professional makes a mistake, the “cost to repair” the mistake can be overwhelming.
When a doctor or other health care professional is negligent, the affected patient can sue for the damage incurred by the mistake. In some ways medical malpractice cases are different from other negligence cases. In some ways they are the same. A medical malpractice case must get past an additional level of judicial scrutiny in order to be productive. This will require one or more experts in the relevant area(s) of practice.
When death results from a medical mistake, the malpractice claim can be brought by the personal representatives of the deceased. In a wrongful death suit, beneficiaries may sue for their own loss of support and companionship that the deceased would have provided. The damages in a wrongful death suit can include the following:
- Expenses for care/treatment/hospitalization incident to the injury causing death;
- Compensation for pain and suffering of the decedent;
- The reasonable funeral expenses of the decedent;
- The present monetary value of the
- Services, protection, care and assistance of the decedent; voluntary or obligatory
- Society, companionship, comfort, guidance, kindly offices and advice of decedent
- No rule is prescribed for measuring or ascertaining the present monetary value
In some situations, punitive, or punishment damages are awarded. For punitive damages to apply there must be fraud, malice, or willful or wanton conduct on the part of the Defendant. These circumstances are rare in our area because of the quality of care generally provided.
If you have questions about a medical malpractice case or about the medical care you received from a doctor, nurse, therapist, hospital or other health care provider, please our Wilmington medical malpractice lawyers at (910) 341-7570 or (910) 341-7570. We will be happy to speak with you.
The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallote, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.
(910) 341-7570
For more information about how we can help you avoid costly mistakes after an Auto Accident Injury in North Carolina contact us by filling out the “How can we help you?” form at the top of this page.
I was hurt in a car accident in Wilmington, North Carolina. My medical bills are outrageously high. The driver who caused the accident has the minimum insurance limits ($30,000.00) that are required by law. The adjuster has offered to pay the policy limits ($30,000.00). Should I get an attorney? What should I do?
State law requires each vehicle owner to carry at least $30,000.00 of liability insurance coverage. You can purchase more. Many people carry at least $100,000 in liability coverage per person and $300,000 per occurrence.
The liability insurance policy for the vehicle of the responsible driver is required to pay for the medical and other expenses of those who were not at fault. The policy will pay up to the limits of the policy. In other words, where there is $30,000.00 (or $60,000.00) of liability coverage, the insurance company could be required to pay that entire amount, but no more.
Where the damages are greater than the limits of the insurance policy, the injured person must look for other sources of recovery. These are some of the questions your lawyer will ask in order to comprehensively address this complex issue:
- Does the responsible driver have a different liability policy that you could access?
- Was the responsible driver working for his employer at the time of the accident?
- Does the responsible driver have an umbrella insurance policy?
- Does the injured person have underinsured motorist coverage?
- Does the responsible driver have assets that could be seized and sold in order to pay some or all of the judgment beyond the limits of the insurance policy?*
* This particular analysis can be complicated. Before you reject the insurance companies offer to settle the case for the policy limits and proceed with a lawsuit, you must think clearly and carefully. If you were seriously injured by the negligence of another person, you are probably angry. Who could blame you? I would be. Of course, you want the person responsible for the accident to pay for the damage they caused. In fact, the law requires it.
However, ifthe negilgent driver does not have the assets to pay for damages beyond the limits of the insurance policy, you will be wasting valuable time and money. You may want to perform an asset search in order to determine whether this is a viable option. The process of securing and enforcing a judgment can be expensive. If the responsible person does not have sufficient assets, then you will have wasted time and money for no reason.
Where damages exceed insurance coverage you need an experienced personal injury lawyer more than ever. A good lawyer may be able to find additional sources or recovery. He or she may be able to perform an informal asset search. From that he will be able to determine whether you should you accept the policy limits or fight for more.
Even if there is not enough money to pay all of the medical expenses from the available insurance policy, an experienced personal injury attorney can help. He may be able to negotiate down the amount of the outstanding medical bills. He may be able to use financial leverage and statutory laws to get your bills paid and still put a substantial amount of money in your pocket. Call or contact us now to find out how we can help you maximize your recovery in your auto accident and injury case.