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Medical Malpractice

Individuals place their trust in medical professionals to provide quality care and treatment. However, when medical negligence or errors occur, the consequences can be life-altering. At The Law Offices of John M. McCabe, we understand the physical, emotional, and financial toll that medical malpractice can take on victims and their families. Our dedicated team of experienced attorneys specializes in medical malpractice cases, working tirelessly to seek justice for those who have suffered due to medical errors. If you or a loved one is a victim of medical malpractice, consider contacting an experienced Raleigh attorney here at The Law Offices of John M. McCabe.

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Call us at (866) 907-1145 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.


Since 1994, The Law Offices of John M. McCabe, P.A. has been tirelessly fighting for justice for Raleigh, North Carolina.

What Is Medical Malpractice?

Medical malpractice refers to a situation in which a healthcare provider, such as a doctor, nurse, or hospital, deviates from the accepted standard of care when treating a patient, resulting in harm, injury, or even death. This deviation from the standard of care can be due to negligence, errors, misdiagnosis, surgical mistakes, medication errors, or other forms of substandard treatment. Medical malpractice cases can encompass a wide range of situations, from birth injuries and surgical errors to misdiagnoses and failures to diagnose serious medical conditions.

Medical Malpractice

Types of Medical Malpractice

  1. Surgical Errors: These can include wrong-site surgery, incorrect procedures, surgical instrument or sponge left inside the patient, and anesthesia errors.
  2. Medication Errors: This includes prescribing the wrong medication, incorrect dosage, administration errors, and failure to consider drug interactions or allergies.
  3. Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a medical condition, or there's a significant delay in diagnosis, it can lead to worsened medical outcomes.
  4. Birth Injuries: This includes injuries to the baby or mother during childbirth.
  5. Hospital Infections: Infections acquired during a hospital stay, often due to inadequate hygiene and sanitation procedures.

Note that this is not an extensive list of the different types of medical malpractice. Seeking professional legal help from experienced attorneys, such as from The Law Offices of John M. McCabe, is recommended to ensure you're receiving the compensation you deserve.

Benefits of Hiring a Raleigh Attorney in a Medical Malpractice Case

Legal Expertise

Medical malpractice cases are complex and involve intricate medical and legal issues. At The Law Offices of John M. McCabe, we have the legal knowledge and expertise to navigate the complexities of these cases effectively.


Attorneys have the resources and experience to conduct a thorough investigation into your case. We can gather medical records, consult medical experts, and uncover evidence to build a strong case.

Case Valuation

Attorneys can assess the value of your case based on factors like medical expenses, lost wages, pain and suffering, and long-term care needs. We can help you understand the potential worth of your claim.

Trial Representation

In cases where a fair settlement cannot be reached, your attorney can represent you in court. We will prepare your case for trial, present evidence, cross-examine witnesses, and advocate for your rights in front of a judge and jury.

Peace of Mind

Dealing with a medical malpractice case can be emotionally and mentally challenging. Our experienced attorneys will focus on the legal aspects, allowing you to focus on your recovery and well-being.

What to Expect in a Medical Malpractice Case

Bringing a medical malpractice case in North Carolina involves several key steps. While we approach each case with unique care, the general process typically follows these stages:

  1. Consultation with an Attorney: Your journey begins by consulting with one of our experienced attorneys. During this initial meeting, you'll discuss the details of your case, and the attorney will assess its viability. This consultation is free, and it's an opportunity to learn about your legal options.
  2. Case Investigation: The next step is a thorough investigation. This includes obtaining your medical records, consulting with medical experts, and collecting evidence to support your claim. Your attorney will work diligently to build a strong case on your behalf.
  3. Notice of Intent: In North Carolina, before filing a lawsuit, your attorney is required to send a Notice of Intent to the healthcare provider you're suing. This notice informs them of your intent to file a lawsuit. This step can lead to settlement negotiations or prompt the other party to contest the case.
  4. Filing the Lawsuit: If negotiations are unsuccessful, your attorney will file a formal lawsuit on your behalf. The lawsuit outlines your claims and alleges that the healthcare provider's negligence caused your injuries. The healthcare provider will respond with their defense.
  5. Discovery: The discovery phase involves exchanging information and evidence with the opposing party. Both sides will gather documents, depose witnesses, and request information relevant to the case. This process can take several months and is crucial for building a strong case.
  6. Mediation or Settlement: Before going to trial, many medical malpractice cases are resolved through mediation or settlement negotiations. Your attorney will represent your interests during these discussions and work to secure a fair settlement that covers your damages.
  7. Trial: If a settlement cannot be reached, your case will proceed to trial. During the trial, your attorney will present evidence, question witnesses, and argue your case before a judge and jury. The opposing party will do the same. The judge or jury will ultimately determine the outcome of the case.
  8. Verdict and Appeal: After the trial, a verdict will be reached. If you win, you may receive compensation for your damages. If the opposing party wins, you have the option to appeal the decision, although appeals can be lengthy and complex.
  9. Compensation: If we're successful in your medical malpractice case, you may be awarded compensation for medical expenses, lost wages, pain and suffering, and other damages. Your attorney will work to ensure you receive the compensation you deserve.

We work on a contingency fee basis, meaning we fund the entire case and only pay ourselves back if you win a settlement. This ensures we work hard for the case and that you don't have more out-of-pocket expenses.

Medical Malpractice Claims FAQ

What damages can I seek in a medical malpractice case?

In a medical malpractice case, you can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and in some cases, punitive damages if the negligence was particularly egregious.

Is there a time limit for filing a medical malpractice lawsuit?

Yes, there is a statute of limitations for medical malpractice cases. The time limit varies by state, but it generally ranges from one to three years from the date of the injury or the discovery of the malpractice. It's crucial to consult with an attorney promptly to avoid missing the deadline.

What is the role of expert witnesses in a medical malpractice case?

Expert witnesses, typically medical professionals in the same field as the defendant, provide testimony regarding the standard of care, whether the defendant deviated from that standard, and if such deviation led to the patient's injuries. Their testimony is critical in establishing negligence.

Can I still sue for medical malpractice if I signed a consent form before treatment?

Signing a consent form does not absolve a healthcare provider of negligence. If the provider's actions went beyond the scope of what you consented to, or if they were negligent in obtaining informed consent, you may still have a valid malpractice claim.

How can an attorney help in a medical malpractice case?

A skilled legal team, such as The Law Offices of John M. McCabe, can investigate your case, gather evidence, consult with medical experts, negotiate with insurance companies, represent you in court, and work to secure fair compensation for your injuries and damages.

Contact The Law Offices of John M. McCabe If You Are a Victim of Medical Malpractice

Contact us today for a free consultation. We'll work through the legal aspect while you focus on recovering.

FREE Consultations

Call us at (866) 907-1145 24/7 to arrange to speak with a personal injury lawyer about your case, or contact us through the website today.


It would be our pleasure to help. We offer free initial consultations for any of your legal needs.
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