Aggressive Representation for Medical Malpractice Claims
We fight for the rights of injured patients in the Carolinas, the Virginias and Florida
Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Each state establishes systems by which a medical board certifies medical practitioners to practice in an effort to prevent careless, negligent, and unskilled medical practitioners from harming the health and lives of their innocent patients. Medical malpractice must be proven by expert testimony. Accomplished professionals in the same medical field as the negligent doctor must be willing to testify that the performance of the defendant fell below acceptable standards. Marcari, Russotto, Spencer & Balaban can help you work through the difficult issues presented by a medical malpractice case.
Let our experienced attorneys assess your case for medical malpractice
It is an unfortunate fact of life that people grow ill, and not everyone recovers. The lawyers at Marcari, Russotto, Spencer & Balaban believe that we owe it to our clients to have potential claims reviewed by experts who are both impartial and highly qualified. We ask the best experts from around the nation to tell us how a tragic outcome was related to medical negligence.
State laws limit damage awards in malpractice cases
Many states have enacted tort reforms in recent years to limit the amount an injured party can recover for particular types of injuries. Most of these laws have set limits on noneconomic damages, monetary compensation for intangible losses, such as pain and suffering, loss of quality of life, loss of consortium and emotional distress.
- Malpractice award caps in Virginia
Virginia law caps the total amount of economic and noneconomic damages in medical malpractice actions. Within the law, the state has established increases to keep pace with inflation. For cases arising from July 1, 2015, through June 30, 2016, the cap is $2.20 million. For cases arising from July 1, 2016, through June 30, 2017, the cap is $2.25 million. In 2031, the cap will be $3 million.
- Malpractice award caps in West Virginia
West Virginia law caps noneconomic damages in a medical malpractice suit at $250,000, but the cap rises to $500,000 for malpractice that resulted in certain types of catastrophic injury, including permanent disfigurement, permanent disability that keeps the victim from caring for himself, and wrongful death.
- Malpractice award caps in North Carolina
North Carolina has established a $500,000 cap on noneconomic damages in medical malpractice cases. The cap includes lawsuits against hospitals or nursing homes. The cap does not apply in cases where the patient suffered disfiguring or permanent injury and the defendant acted with recklessness, malice, intent or gross negligence.
- Malpractice award caps in South Carolina
South Carolina caps noneconomic damages at $350,000 in any medical malpractice case against a single care provider or institution. If more than one defendant is found liable, the total noneconomic damage award cannot exceed $1.05 million, and the judgment against any single defendant cannot exceed $350,000.
- Malpractice award caps in Florida
Florida no longer imposes caps for pain and suffering and other noneconomic damages in medical malpractice cases. In 2017, the Florida Supreme Court ruled that the state’s existing caps for these damages were unconstitutional because they “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries.” Florida, like most other states, does not cap awards for economic damages.
Common errors by doctors and hospitals
A few years ago, researchers from the Johns Hopkins School of Medicine reported that medical errors should rank as the third leading cause of death in the United States. They weren’t just talking about accidental deaths, either: they wanted the Centers for Disease Control and Prevention (CDC) to list medical errors as the third cause overall, trailing only heart disease and cancer. The hard truth is that mistakes among healthcare providers occur all the time, injuring patients and causing unnecessary suffering and monetary losses.
The most common mistakes include:
- Anesthesia errors — Too little anesthesia can cause a patient to awaken during surgery, while too much can cause hypoxic brain damage.
- Childbirth injuries — Delivery is naturally hard on mother and baby, but when obstetricians are inattentive to the signs of distress, a newborn can suffer a wide range of debilitating injuries.
- Diagnostic testing errors — Misreading X-rays, MRIs, Pap smears and other tests can lead to a deadly misdiagnosis of a condition, such as cervical cancer , that would have been highly treatable.
- Medication errors — Too much medication, too little medication, wrong meds, or meds in a deadly combination can severely harm a patient.
- Misdiagnosis or delayed diagnosis — Doctors who miss the warning signs of heart disease, cancer, or infectious diseases too often allow those diseases to ravage their patients.
- Nursing home abuse and neglect — The mistreatment of vulnerable elders in nursing homes is a shameful scandal of our time.
- Surgical errors — Mistakes during surgery often cause lasting pain and disability, and force patients to undergo additional corrective procedures.
If you have been the victim of a healthcare provider’s negligence, it’s time to assert your rights and seek the full compensation you deserve.
We fight to recover the highest compensation possible
If you are a victim of medical malpractice, Marcari, Russotto, Spencer & Balaban will fight to obtain the maximum possible compensation for your injuries. Call us today at (888) 351-1038 or contact us online to schedule a free consultation. For your convenience, we have offices throughout North Carolina, South Carolina, Virginia, West Virginia & Florida and can come to you if your injuries prevent you from visiting us.
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