Knowledgeable and Experienced Guidance

What are your rights in cases of medical malpractice?

On Behalf of | May 10, 2024 | Medical Malpractice |

When a person seeks medical help, they trust the professionals to care for them properly. But sometimes, things go wrong.

Medical malpractice occurs when a healthcare provider deviates from the standard of care in their profession in a way that leads to patient harm. Knowing your rights in this kind of situation is essential for protecting yourself and your loved ones.

What qualifies as medical malpractice?

Medical malpractice can take many forms, including misdiagnosis, surgical errors, improper treatment, medication mistakes, and more. In North Carolina, if you suffer because of a healthcare professional’s negligence, the law entitles you to seek compensation for your injuries and losses.

Statute of limitations

State law requires that you file medical malpractice claims within three years of the date the injury occurred, or within one year of the injury’s discovery, but no more than four years from the date of the medical error. This rule is known as the statute of limitations, and failing to act within this timeframe can prevent you from pursuing compensation.

Your right to informed consent

You have the right to be aware of all known risks and benefits of any medical procedures you undergo. Your consent must be informed to be valid, which means you must understand the procedure you are agreeing to. It is the responsibility of your medical care team to ensure they have your informed consent before rendering any treatment. If your healthcare provider performs a procedure without your informed consent, and it results in harm, it could constitute malpractice.

Your right to your medical records

You also have the right to request and review your official medical records. Your medical records will help you understand exactly what happened during your treatment and will be crucial for proving any medical malpractice case. State law entitles you to access these records promptly and without excessive cost.

Navigating the complexities of medical malpractice requires understanding your rights and taking proactive steps. By knowing what steps to take and documenting all aspects of your medical care, you can effectively advocate for your rights and seek the compensation you deserve.