Medical Malpractice Lawyer
Medical Malpractice Attorneys Serving NC, SC & GA
Medical malpractice occurs when a healthcare provider — a doctor, surgeon, nurse, hospital, or other medical professional — deviates from the accepted standard of care, causing injury or death to a patient. Medical errors are one of the leading causes of death in the United States, with studies estimating that more than 250,000 Americans die each year due to medical mistakes. At Dr. Ted Injury Law, our medical malpractice attorneys represent patients and families who have been harmed by negligent medical care throughout North Carolina, South Carolina, and Georgia.
Medical malpractice cases are among the most complex areas of personal injury law. They require extensive medical knowledge, expert testimony, and significant resources to investigate and litigate. Our firm has the experience, resources, and network of medical experts necessary to take on hospitals, insurance companies, and healthcare corporations.
Types of Medical Malpractice
- Surgical errors — Wrong-site surgery, instruments left inside the body, nerve damage, and unnecessary procedures.
- Misdiagnosis or delayed diagnosis — Failure to correctly diagnose a condition, leading to delayed or incorrect treatment.
- Medication errors — Wrong medication, wrong dosage, dangerous drug interactions, and pharmacy errors.
- Birth injuries — Injuries to the mother or child during pregnancy, labor, or delivery due to negligent obstetric care.
- Anesthesia errors — Incorrect dosing, failure to monitor vital signs, and failure to review patient history for allergies.
- Emergency room errors — Premature discharge, failure to diagnose serious conditions, and inadequate follow-up care.
- Hospital-acquired infections — Infections resulting from unsanitary conditions or improper sterilization procedures.
- Nursing negligence — Medication administration errors, failure to monitor patients, and failure to communicate changes in patient condition to physicians.
Proving Medical Malpractice
To succeed in a medical malpractice claim, you must prove: a doctor-patient relationship existed, the healthcare provider breached the standard of care, the breach directly caused your injury, and you suffered damages as a result. Expert medical testimony is required in virtually all medical malpractice cases to establish the standard of care and how it was breached.
State-Specific Medical Malpractice Laws
North Carolina
North Carolina requires a Rule 9(j) certification — the plaintiff's attorney must certify that a qualified medical expert has reviewed the case and concluded that the standard of care was breached. N.C. Gen. Stat. § 1-15(c) sets the statute of limitations at 3 years from the date of the act or the date of discovery, with a maximum 4-year statute of repose. Contributory negligence applies.
South Carolina
South Carolina requires a Notice of Intent to File Suit under S.C. Code § 15-79-125, accompanied by an expert affidavit. The statute of limitations is 3 years from the date of the act or discovery, with a 6-year statute of repose under S.C. Code § 15-3-545.
Georgia
Georgia requires an expert affidavit to be filed with the complaint under O.C.G.A. § 9-11-9.1. The statute of limitations is 2 years from the date of the negligent act under O.C.G.A. § 9-3-71, with a 5-year statute of repose.
Compensation
Medical malpractice victims may recover for medical expenses (past and future), lost wages and earning capacity, pain and suffering, emotional distress, loss of consortium, disability and disfigurement, and wrongful death damages. None of these three states currently cap compensatory damages in medical malpractice cases, allowing full recovery for victims.
Contact Us
If you believe you or a loved one has been the victim of medical malpractice, contact Dr. Ted Injury Law today. We offer free case evaluations and work on a contingency fee basis.
Related Case Results
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
Our client underwent spinal fusion surgery at a Raleigh-area surgical center. During the procedure, the surgeon placed a pedicle screw incorrectly, damaging the spinal cord and leaving our client with permanent nerve damage, chronic pain, and limited mobility. Expert testimony established that the surgeon failed to use intraoperative imaging that would have prevented the error. The jury awarded $6.8 million, including $2 million in punitive damages based on evidence that the surgeon had previously committed similar errors.
Our client developed a severe post-surgical infection after undergoing knee replacement surgery at a Wilmington hospital. Investigation revealed that the surgeon failed to follow proper sterilization protocols and that contaminated surgical instruments were used during the procedure. The infection required multiple additional surgeries and resulted in permanent joint damage. The $3.9 million recovery included compensation for past and future medical expenses, lost wages, and diminished quality of life.