Malpractice…More like Foul—practice.

August 30, 2013, by Michael A. DeMayo

North Carolina can be particularly unwelcoming to claims of medical malpractice. Why? As with most cases that involve negligence, North Carolina requires the plaintiff to show that he in no way contributed to the accident. While this is always challenging, it becomes particularly challenging in the medical malpractice setting for a number of reasons.

In a negligence claim, it is much easier for a group of peers in the community to determine if your conduct was reasonable during and before the incident. In a medical malpractice claim against a general practice physician determining the reasonableness of the doctor’s conduct requires a court to question what other doctors (peers) in the community would have done in the situation given the same circumstances. If a doctor would have done the same, then the doctor’s conduct will most likely be considered reasonable—thus excluding a malpractice claim. Same goes for a specialist. Asking a general practitioner what he would have done in the same situation when the circumstances at issue involve a cardiovascular surgeon you will not likely get the same response.

This sheds light on another problem with a medical malpractice claim. The medical community is a small one. They attend the same conferences, play in the same golf tournaments and answer one another’s questions on the same listserves. Asking one to serve as an expert against a colleague may be especially challenging. Don’t put yourself through the exhaustive and drawn out process of pursuing a medical malpractice claim in North Carolina without talking to us first.

We have helped people across the state fight and win medical malpractice claims. We’re experienced at it. We know what it takes and we’re a phone call away. Call the Law Offices of Michael A. DeMayo at 877-333-1000. If you uncomfortable about calling an attorney just ask around the community at first. People know us and are familiar with the results we achieve.

 
 

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