Medical Negligence Law

Patients trust healthcare providers to deliver safe, competent care. Unfortunately, medical negligence can result in serious injuries or even wrongful death. When doctors, nurses, or medical facilities fail to meet the standard of care, the consequences can be devastating. At Garry Whitaker Law, P.C., we represent victims of medical negligence and their families, seeking compensation for medical expenses, pain and suffering, and, in tragic cases, wrongful death. We are dedicated to holding negligent healthcare providers accountable for their actions.

How We Can Help

At Garry Whitaker Law, P.C., we work with medical experts and specialists to thoroughly investigate medical negligence cases. We gather all relevant medical records, consult with professionals to establish where negligence occurred, and build a strong case on your behalf. Whether negotiating with insurance companies or pursuing litigation, we fight to ensure that you receive compensation for medical costs, lost wages, emotional suffering, and any long-term care needs. In wrongful death cases, we also seek compensation for funeral expenses and the loss of companionship.

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What Is Medical Negligence?

Medical negligence occurs when a healthcare provider’s negligent actions or omissions result in harm to a patient. This can involve errors in diagnosis, surgical mistakes, improper treatment, medication errors, or a failure to act when required. Proving medical negligence requires demonstrating that the provider’s care fell below the accepted medical standard and directly caused harm to the patient. If you or a loved one has been injured due to medical negligence, Garry Whitaker Law will help you seek justice and recover the compensation you deserve.

Injuries and Wrongful Death in Medical Negligence Cases

Medical negligence can lead to a wide range of injuries, including severe infections, permanent disability, or even death. In cases where a patient tragically loses their life due to medical negligence, surviving family members may file a wrongful death claim. Compensation in these cases may cover funeral expenses, lost income, and emotional suffering. Our firm is committed to providing compassionate representation for both injury and wrongful death claims related to medical negligence.

Common Types of Medical Negligence Cases

  • Birth Injuries: Negligence during childbirth that causes injuries to the baby or mother, leading to lifelong complications.
  • Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to diagnose a condition or provides a delayed diagnosis, leading to harm or worsening of the condition.
  • Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
  • Medication Errors: Prescribing or administering the wrong medication or dosage, which can lead to severe complications or death.
  • Failure to Treat: When a provider fails to provide appropriate treatment in a timely manner, resulting in harm.

Determining Liability in Medical Negligence

Liability in medical negligence cases can extend to doctors, nurses, surgeons, hospitals, or other medical facilities. It is crucial to establish that the healthcare provider’s actions fell below the accepted standard of care and directly caused the patient’s injury or death. At Garry Whitaker Law, we carefully review each case to identify all liable parties and ensure that they are held accountable for the harm caused.

The Long-Term Impact of Medical Negligence

Medical negligence often leaves victims with long-term consequences, such as permanent disability, chronic pain, or the need for ongoing medical care. In many cases, victims require extensive rehabilitation and may be unable to work or maintain their previous quality of life. For families who lose a loved one due to medical negligence, the emotional and financial impact can be profound. We help you recover compensation to cover these ongoing needs, ensuring your financial security as you move forward.

Assessing Your Case’s Value

The value of a medical negligence case depends on various factors, including the severity of the injury, the cost of treatment, and any long-term care required. Compensation may also cover lost income, pain and suffering, and in cases of wrongful death, funeral expenses and loss of companionship. At Garry Whitaker Law, we assess each case thoroughly to ensure that you receive the full compensation you deserve for your recovery or loss.

Client Testimonials

Our clients' success stories speak for themselves.

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"I met Mr. Whitaker Dec 18,2023. Mr. Whitaker and Abigail both were very friendly and went to work on my settlement. Thank you both Mr .Whitaker and Abigail for your hard work… 19 months later we won. Thank you both. Good meeting you and working with this on this case. I really appreciate you taking my case and I would refer you to my friends." - Libby Harkey

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"Garry Whitaker has been my attorney for the past 14 years and has always done everything he said he would and everything I asked him to. I am very please with his ability and concern for me and my family. I DO recommend him not only to my family members but anyone who asks me if I know a good attorney. Thank you Garry for everything you done for me and my family." - Randy Frenette

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"I was hesitant about contacting a lawyer about my accident but I don't regret calling Gary Whitaker. He was always informative and gave me choices all during the process of my case. It took some time but the outcome was well worth the wait. I would recommend him to anyone." - Duane Stack

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"Mr. Whitaker handled my case great. He talked to me and always told me my options during my case. He was truly there for me if I had questions he made time to answer them. I'm satisfied with the outcome of my case. If I ever needed an attorney again I would most definitely use him again." - Alan Sparks

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"I was in a car accident and the insurance company offered me almost nothing. Attorney Whitaker was the first attorney that I contacted. I chose him after an initial consultation because he was very upfront and honest. I also chose him because he wasn’t one of the larger law firms where my case would simply be, just another case. He worked my claim and negotiated a settlement that I was comfortable with. He didn’t let me down and was everything that I expected from an attorney. I’ll definitely use him again." - Tanya Martin

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"I am very well pleased with Mr. Whitaker! He has always been attentive to my needs. He kept me well informed during my process and I am SO pleased with the outcome of my case. I will refer all of my family and friends to Mr. Whitaker." - Tony Giles

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"I was referred to Garry Whitaker by a friend when I felt lost in the system with no where to turn. Mr. Whitaker gave me peace of mind to navigate through my medical issues knowing that my legal issues were in the best of hands. I experienced a very positive outcome and now I'm the one with the privilege to recommend Garry Whitaker to others." - Debbie Hensley

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"Was so great working with Garry on my workers comp case. Must admit I did contact another on TV attorney. And they wouldn't take the case Garry got me more than I was expecting ....will tell all my friends." - Stephen Colburn

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"He was very helpful and worked very hard for me. I would tell everyone to have Gary Whitaker because he is great." - Bonnie Keller

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"Garry is an exceptional attorney. He has given me the best legal advice I could ever ask for. He is honest and genuine and best of all he knows what he is talking about." - Duncan Shinn

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"Garry is a great attorney. He cares tremendously about his clients and is a true advocate. I highly recommend him for personal injury cases." - Keith Dyer

FAQs

At Garry Whitaker Law, P.C., we understand that medical negligence cases can raise many concerns, from understanding what qualifies as negligence to determining who is responsible for the harm caused. Below, we’ve answered some of the most common questions our clients ask. Each case is unique, so we encourage you to seek personalized advice and guidance based on your specific situation.

1. What qualifies as medical malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in harm to the patient. This includes misdiagnosis, surgical errors, medication mistakes, and more.

2. How long do I have to file a medical negligence claim in North Carolina?

In North Carolina, the statute of limitations for medical negligence claims is generally three years from the date of injury. For wrongful death claims, the limit is two years from the date of death.

3. Can I file a claim if a loved one died due to medical negligence?

Yes, if medical negligence caused the death of your loved one, you may be able to file a wrongful death claim. Compensation may cover funeral expenses, lost future income, and emotional suffering.

4. Who can be held liable in a medical malpractice case?

Liability can extend to doctors, nurses, surgeons, hospitals, or medical facilities. We investigate the case thoroughly to determine who is responsible for the injury or death.

5. How can compensation help in a medical negligence case?

Compensation can cover medical expenses, long-term care, lost wages, and emotional suffering. In wrongful death cases, compensation may also include funeral costs and loss of companionship.

Still have questions?

If you need more information about medical negligence or wrongful death claims, we’re here to help. Take action now to protect your rights and pursue the compensation you deserve. Contact Garry Whitaker Law, P.C. for a free consultation, and let us help you secure justice and financial recovery.

Contact

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Phone

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(336) 777-1195

Location

Visit us at our Winston-Salem office.

One N. Marshall St, Winston-Salem, NC 27101