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North Carolina
Medical Malpractice Lawyers
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When doctors or hospitals make serious mistakes, patients deserve answers. Schedule a confidential consultation to learn if you have a case.
Take the first step. Click below to schedule your case review today.
When doctors make serious mistakes, lives change forever.
We trust doctors with our health, but sometimes they make mistakes that hurt patients. Medical errors are now the third leading cause of death in America, with over 250,000 deaths yearly, according to research.
At DeMent Askew Johnson & Marshall, we’ve seen the heartbreak that medical mistakes bring to patients and their families. We stand with those harmed by surgical errors, misdiagnoses, and medication failures—helping them find answers, accountability, and a path toward healing.
You trusted doctors who let you down. Now, trust us to help make things right.
According to North Carolina General Statute § 90-21.12, medical malpractice happens when care doesn’t meet “the standards of practice among members of the same healthcare profession with similar training and experience situated in the same or similar communities.”
It’s more than just a bad outcome; it’s negligence by medical professionals who failed to provide proper care.
The most common types include:
Medical errors are now the third leading cause of death in America, with over 250,000 deaths yearly, according to Johns Hopkins researchers.
At the heart of every medical malpractice case is the concept of “standard of care.” This standard refers to:
“The care that would be provided by similar healthcare providers with similar training and experience in the same or similar communities under the same or similar circumstances.”
This means your doctor’s actions are compared to what other reasonable doctors would have done in the same situation. The standard varies based on:
What might be acceptable in an emergency situation might not meet the standard in a planned procedure. What’s expected of a brain surgeon differs from what’s expected of a family doctor.
To win a medical malpractice case in North Carolina, four essential elements must be proven:
All four elements must be present. Even if a doctor made a terrible mistake, if it didn’t actually cause harm, there’s no valid malpractice claim.
Medical malpractice isn’t limited to doctors. Any healthcare provider can be held accountable, including:
In many cases, multiple parties may share responsibility. For example, a surgical error might involve both the surgeon’s negligence and the hospital’s failure to properly supervise the doctor.
Medical malpractice cases in North Carolina follow specific rules:
According to North Carolina law, you generally have:
Miss these deadlines, and you’ll likely lose your right to compensation.
Before filing your lawsuit, North Carolina requires a medical expert to review your case. This expert must:
North Carolina limits pain and suffering damages to about $656,730 (the $500,000 cap adjusted for inflation). This limit doesn’t apply to:
The cap also doesn’t apply to cases involving extreme negligence or permanent, severe injuries.
Medical mistakes can take many forms, but some types happen more often than others—and can have life-altering consequences. Below are some of the most frequent and serious malpractice claims we see.
The most frequent type of medical malpractice claim involves diagnostic errors. These occur when doctors:
Commonly misdiagnosed conditions include cancer, heart attacks, stroke, infections, and appendicitis. These errors are especially dangerous because delayed treatment often leads to worse outcomes or death.
Surgical mistakes, while less common than diagnostic errors, often cause severe harm. The most serious include:
These errors typically represent clear deviations from standard care and often result in substantial compensation.
At DeMent Askew Johnson & Marshall, our North Carolina attorneys have helped many people like you. We know how to take on hospitals, doctors, and insurance companies to get the compensation you deserve.
If you or someone you love was harmed by a medical mistake in Raleigh or anywhere in North Carolina, contact us today for consultation.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Not every bad outcome is malpractice. You might have a case if your doctor did something clearly wrong, another doctor told you your care was improper, or you suffered a very unusual complication. Our experienced attorneys can review your records and consult experts to determine if you have a case.
Sometimes. Hospitals are responsible for their employees’ mistakes (usually nurses and staff). Many doctors aren’t hospital employees, which can complicate matters. We can help determine who should be held accountable.
Consent forms don’t give doctors permission to provide substandard care. These forms show you were told about normal risks, not that you agreed to negligent treatment. You may still have a case even if you signed a form.
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