When a doctor, nurse, or other medical provider fails to meet the accepted standard of care, the results can leave a patient seriously injured, permanently disabled, or worse. If you or a loved one was harmed by medical negligence in Winston-Salem or anywhere in Forsyth County, the Winston-Salem medical malpractice attorneys at Portner & Shure can help. We have handled complex personal injury claims across North Carolina for more than 30 years.
What Counts as Medical Malpractice in Winston-Salem?
Winston-Salem’s medical district and academic hospitals treat patients from across the region, and negligent care sometimes causes real harm. Medical malpractice happens when a health care provider’s treatment falls below the accepted standard of care and that failure harms the patient. Because there is no simple written rule that defines the standard of care, these claims usually require a qualified medical expert in the same field to explain what a careful provider should have done and how the treatment fell short.
Common Types of Medical Malpractice Claims
Malpractice claims that hold up to scrutiny are usually based on serious errors that cause real harm. Common examples include:
- Failure to diagnose or a misdiagnosis
- Surgical errors, such as a wrong-site surgery or a foreign object left in the body
- Anesthesia errors
- Medication and prescription errors, including dangerous drug combinations
- Failure to obtain informed consent or to warn of known risks
- Birth injuries and delayed treatment
Damages in a Medical Malpractice Claim
Medical negligence often leads to painful, lasting injuries and expensive corrective care. Depending on the facts, you may be able to pursue compensation for past and future medical expenses, past and future lost wages, reduced earning capacity, and pain and suffering.
Proving Fault in a North Carolina Medical Malpractice Claim
These cases are among the most difficult in personal injury law. North Carolina also requires a special step: under Rule 9(j) of the Rules of Civil Procedure, the complaint must certify that the medical care has been reviewed by a qualified expert who is willing to testify that it fell below the standard of care. North Carolina further follows a strict contributory negligence rule, which means that if the other side can show you were even slightly at fault, it can bar your recovery entirely. Careful investigation and strong medical evidence are essential.
How Long Do I Have to File? North Carolina’s Statute of Limitations
In North Carolina, a medical malpractice lawsuit generally must be filed within three years of the negligent act, with an outer limit of four years known as the statute of repose (N.C. Gen. Stat. § 1-15(c)). Limited exceptions can apply, such as a foreign object left in the body, so it is wise to speak with an attorney early while records and evidence can still be preserved. Claims in Forsyth County are generally pursued through the Forsyth County Hall of Justice.
How Our Winston-Salem Medical Malpractice Attorneys Can Help
Hospitals and malpractice insurers defend these claims aggressively, and a single gap in the evidence can undo a case. You should not face them alone. Our team works with qualified medical experts to review your care, builds the record needed to meet North Carolina’s requirements, and pursues fair compensation. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Winston-Salem Medical Malpractice Attorneys Today
If you or a loved one was harmed by medical negligence in Winston-Salem or anywhere in Forsyth County, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Winston-Salem
- Winston-Salem Car Accident Lawyers
- Winston-Salem Truck Accident Lawyers
- Winston-Salem Motorcycle Accident Lawyers
- Winston-Salem Personal Injury Lawyers
- Winston-Salem Wrongful Death Lawyers
- Winston-Salem Premises Liability Lawyers
- Winston-Salem Pedestrian Accident Lawyers
- Winston-Salem Bicycle Accident Lawyers
- Winston-Salem Dog Bite Lawyers
- Winston-Salem Brain Injury Lawyers
- Winston-Salem Spinal Cord Injury Lawyers
- Winston-Salem Nursing Home Abuse Lawyers
- Winston-Salem Bus Accident Lawyers
