Phone Number
email address

Blog details

How do I Bring a Medical Malpractice Claim?

How do I Bring a Medical Malpractice Claim?

Doctors, like most professionals, have a responsibility to use best practices for your medical care and diagnosis.  In North Carolina before any health care provider can be brought into court to answer for a failure to meet what is called the “standard of care” in a community, a patient must first find a medical expert. This medical expert must among other things, practice in the same or a similar community as the negligent health care provider and in the same medical field or specialty. 

This expert must be willing to testify that the health care provider in question, failed to provide care or treatment in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action. These extreme requirements were enacted by the North Carolina State legislature to protect health care providers from groundless law suits. 

 Unfortunately, the real effect of these ill-advised legislatively imposed restrictions has been to deny most people any meaningful access to the Court system. These ill- advised requirements have made bringing legitimate claims for medical negligence extremely difficult and expensive. When health care providers are not accountable for their own actions, the result to the medical profession is a serious deterioration in the quality of care. 

 A study by Johns Hopkins University in 2016 found that medical errors were the third leading cause of death in the United States, behind only heart disease and cancer.  Unfortunately, finding a doctor who are willing to testify that one of their colleagues didn’t live up to the required standard of care, and thereby caused, serious injury, permanent disabilities, or even death is not an easy task   It takes tremendous courage to stand up and do something that sets a doctor apart from his colleagues.  There are such courageous doctors out there, but they are hard to find, and you must know where to look.

At Weaver Bennett & Bland P.A. our attorneys are committed to only bring clearly meritorious cases and only against health care providers who have failed to meet the standard of care owed to their patient, causing serious harm.  We use only the very best experts to determine if a case is warranted.   We firmly believe that it is as much our responsibility to tell our clients when they do not have a case, as when they do.  No family should ever be put through the horrible ordeal of a medical negligence case unless the facts and justice clearly require it.  If you need a serious review of a serious case, call Weaver, Bennett & Bland, P.A. and schedule a consultation. We are here to help.

The experienced attorneys at Weaver Bennett & Bland have helped clients with medical negligence cases throughout the Greater Charlotte/Mecklenburg area in Western North Carolina.  If you or a family member have suffered at the hands of health care providers who have failed to provide the minimum standard of care, resulting in a claim for wrongful death, misdiagnosis, surgical error, medication error, or birth injuries then call us. Our firm carefully evaluates each potential claim we are asked to review to let our clients know if a justifiable case exists to pursue a case.  A bad medical result does not necessarily mean that there was a failure to provide adequate medical care.  We have the medical professionals to evaluate the medical records and the facts to assist us in advising our clients if a meritorious case exists and whether it can be effectively pursued.  

Call our law firm today for a free initial consultation.

Prev post
How can Medicaid Planning Help with Nursing Care?
April 18, 2019
Next post
How to Collect a Business Debt
April 18, 2019
About Us

For more than 37 years, Weaver, Bennett & Bland, P.A. has helped individuals and businesses achieve success in their legal challenges, and we’re recognized as one of the most established and trusted law firms in the Charlotte, North Carolina area.  We’ve represented almost 22,000 clients over the last three decades with integrity and professionalism.

Contact Us
196 North Trade Street Matthews, NC 28105
Mon – Thur: 8:30am – 5:30pm
Fri: 8:30am – 5:00pm
Select the fields to be shown. Others will be hidden. Drag and drop to rearrange the order.
  • Image
  • SKU
  • Rating
  • Price
  • Stock
  • Availability
  • Add to cart
  • Description
  • Content
  • Weight
  • Dimensions
  • Additional information
  • Attributes
  • Custom attributes
  • Custom fields
Click outside to hide the comparison bar

Our Firm is Here to Help.
Contact us today!

Fill out the form to receive a case evaluation and a call back regarding your legal needs.