At Tin Fulton Walker & Owen, PLLC, we represent victims of medical malpractice. Unlike many law firms, we are trial lawyers with an extensive track record of success in difficult cases, including cases of medical malpractice.

Types of medical malpractice cases in North Carolina

When a medical professional, whether a doctor, surgeon, OB/GYN, psychiatrist, anesthesiologist, nurse, or other medical practitioner fails to provide the accepted standard of care, causing injury, illness, or death, a medical malpractice claim can be filed to seek justice and full compensation. Some of the types of medical malpractice include, but are not limited to:

  • Failure to diagnose: When a medical practitioner fails to take the proper steps to identify the health condition of a patient who presents specific symptoms.
  • Misdiagnosis: A medical professional fails to correctly diagnose a condition, whether by missing certain symptoms or failing to order tests to confirm the diagnosis of an illness or condition that may present symptoms similar to other health conditions or illnesses. 
  • Delayed diagnosis: If a patient’s illness or condition is not diagnosed within a reasonable timeframe, it can worsen. If diagnosed rapidly, the treatment may have been far more successful.
  • Surgical errors: Surgical errors can include failing to recognize a dangerous medical condition the patient is experiencing during surgery, wrong-site surgery, damage inflicted on the patient due to a surgical error, leaving instruments within the body, anesthesia errors, and others.
  • Wrong-site surgery or wrong procedure surgery: Termed a “never event,” as it should never happen, surgery performed on the wrong patient or in the wrong site does occur every year, leading to tragic consequences for the patient.
  • Unnecessary surgery: A surgery performed based on a misdiagnosis, lacking patient consent, not medically necessary, or performed on the wrong part of the body or on the wrong patient is likely a case of medical negligence.
  • Failure to order appropriate medical tests based on patient symptoms: Many health conditions present similar symptoms, and testing must be performed to correctly identify the illness or condition. Failure to do so can lead to a worsened condition with serious health consequences.
  • Anesthesia error: Anesthesia errors include administering too much or too little of the medication needed to perform a procedure.
  • Medication error: Medications can save lives, but when the wrong medication or wrong dosage is prescribed, many medications can cause serious illness, permanent damage, or lead to the death of the patient.
  • Failure to monitor a patient: To provide the accepted standard of care, patients must be monitored before, during, and after a procedure. A failure to monitor a patient could result in injuries or death.
  • Plastic surgery errors: When plastic surgery goes wrong, it can be a life-altering situation. If the surgeon failed to provide the accepted standard of care and left the patient disfigured, it may be a case of medical negligence.
  • Birth injuries: A child can be permanently injured at birth due to fetal oxygen deprivation, improper use of forceps or vacuum use, waiting too long to order a C-section, or be the result of negligent care during pregnancy.
Banner background for client

The elements in a medical malpractice case

Medical professionals are held to a high standard, and we entrust our health and that of our loved ones to various types of practitioners. For a medical malpractice case to be successful, four elements must be proven:

  • Duty of care: The medical practitioner or facility had a duty of care to the injured individual. This is a legal obligation the medical professional has in treating or caring for his or her patients.
  • Breach of duty: The duty of care was breached (violated) by the medical professional or facility. It must be established that the medical provider or facility failed to deliver the “accepted standard of care.” This is a level of care that a reasonably competent medical professional, with similar training, would have provided if presented with the symptoms or conditions of a patient.
  • Causation: It must be established that the breach of duty was the cause of harm to the patient.
  • Damages: As a result of the injury, illness, condition, or death, due to the presence of the above elements, the injured party (or the family in cases of wrongful death) suffered physical, financial, and psychological harm.

Why choose Tin Fulton Walker & Owen, PLLC?

Medical malpractice cases are generally regarded by attorneys as being among the most challenging, so much so that most personal injury law firms avoid these cases. Achieving a favorable outcome requires specific skills, resources, and experience. Our team of talented attorneys has achieved an uncommon level of success in difficult cases. 

Random picture

When we represent a victim in a medical malpractice case, we apply the full resources of our firm to crafting a well-documented claim supported by evidence and testimony from top medical experts. Our goal is to hold a negligent medical professional or facility accountable and to recover the maximum possible in damages based on the facts in the case.

Our medical malpractice lawyers have dedicated their professional lives to the pursuit of justice for people from all walks of life and have a track record of success in high-profile, difficult medical malpractice cases. Our firm is listed as one of “America’s Best Law Firms” by U.S. News and World Report, and our experienced advocates vigorously pursue justice for the people we represent.

Banner background for client

© Tin Fulton Walker & Owen. All Rights Reserved. Web Design & Internet Marketing by Studio III

Ranked Best Law Firms 2024
Best Law Firms Ranked by Best Lawyers United States 2024
Contact Us