FAQs

The attorneys and staff of Elam & Rousseaux, a North Carolina Medical Negligence firm, realize that you may have questions concerning medical malpractice. For your convenience, we have some of the most frequently asked questions along with the answers posted here. If you have other questions, contact us today at 704-323-7898 or toll free at 866-384-2662. You may also use our online inquiry form. There is no charge to speak with us, your consultation is free of charge.

i. What is Medical Malpractice?
ii. What types of cases do you handle?
iii. What must be proved to win a Medical Malpractice case?
iv. How do you decide if I have a case?
v. How long do I have to bring a case?
vi. How long will the review of the case take?
vii. How long will the lawsuit take?
viii. How do you find medical experts to review my case?
ix. How much will you charge to represent my case?
x. What are the expenses associated with a Medical Malpractice case?
xi. Why should I go to a law firm which only handles medical malpractice cases?

i. What is Medical Malpractice?

Medical malpractice is defined as the failure of a healthcare provider to meet the prevailing standard of care to a patient, which results in harm or injury to the patient. This can occur if a nurse gives the wrong drug, a physician does not appropriately order a test needed or fails to obtain the results of a test that was ordered, or if a hospital does not provide a safe environment. The standard of care refers to the standard applied to a trained medical provider, the measure applied is what a reasonable well qualified health care professional would have done in a similar situation.

ii. What types of cases do you handle?

The firm handles a variety of cases involving individuals who have been injured during medical care received from nurses, pharmacists, hospitals, physicians, dentists, and nursing homes. These cases include failure to diagnose a specific illness or cancer, delays in treatment resulting in injury, birth injuries, nursing home neglect, surgical mistakes and medication errors, just to name a few. To see additional case profiles of past an current cases handled by our firm, visit our case profiles.

iii. What must be proved to win a Medical Malpractice case?

In North Carolina, the plaintiff (the injured person or family of an injured person) must prove three essential potions of their case. First, it must be proven that the medical provider did not follow the standard of care for a particular situation. Second, this deviation from the standard of care must have caused the injury or death of the Plaintiff. Third, damages must exist from this injury or death.

iv. How do you decide if I have a case?

If you are questioning the care you received, then you may want to seek another physician's opinion and seek the advice of an attorney. We may ask that you write a summary of your recollection of the events that occurred which you believe resulted in the injury or death. The attorneys and medical staff at Elam & Rousseaux, do an initial review of each case which will include the review of the critical medical records. Our medical staff is able to quickly and efficiently determine what problems exist with the case and where we should focus our efforts.

v. How long do I have to bring a case?

In North Carolina, there are statutes of limitations which require that an action be filed within certain time frames. Generally, cases involving the care of people over 18 years of age, the suit must be filed within three years following the injury. If it is a case involving death, the case must be filed within two years following the death. If the case involves an injury to a child, the statutes are much different and would best be discussed with you in person or over the telephone as we can provide you with specifics related to your case.

vi. How long will the review of the case take?

The length of time that the initial review requires depends on the amount of information available as well as our current case load. Each case is given the time and attention it requires. We must have all critical records in order to accurately determine whether the case has merit and assembling these records is sometimes a lengthy process.

vii. How long will the lawsuit take?

There is no definite answer to this question. Often, a lawsuit is settled out of court by the malpractice insurance carrier. However, the attorneys in our firm are prepared and have the necessary experience required to take your claim to trial. Most lawsuits take between one and two years from start to finish; some more complex cases can take upwards of two years.

viii. How do you find medical experts to review my case?

Through years of work in medical malpractice cases, we have compiled a list of over 500 experts in essentially all fields of medicine. These individuals have been used by our firm previously or referred to us through other attorneys and physicians. We are able to carefully select those physicians who will best analyze and support your case.

We do not use an expert witness data bank or agencies. Most of the experts we utilize have experience in clinical medicine and have been or are currently professors in medical schools throughout the country. We use these individuals because if your case goes to trial, they are able to keep the jury interested in the explanation of the problem that occurred in simple, yet precise, terms.

ix. How much will you charge to represent my case?

Our office may require you to pay for the cost of obtaining your medical records. Our fee is a percentage of the recovered amount. Once we have agreed to accept your case, we will advance the necessary litigation expenses which will be paid out of your portion of the recovery. These issues will be discussed with you in more detail once we agree to represent you as a client.

x. What are the expenses associated with a Medical Malpractice case?

It is not uncommon for the expenses in pursuing a medical malpractice case to reach $50,000 to $100,000 dollars. A law firm must be well funded to advance this expense. The law office of Elam & Rousseaux is prepared and ready to advance the expenses required to fully proceed with your case.

The key to a successful medical malpractice case is hiring a law firm that is experienced in handling medical malpractice cases. We are that firm and look forward to hearing from you. Contact us today at 704-323-7898 or toll free at 866-384-2662. You may also use our online inquiry form. There is no charge to speak with us, your consultation is free of charge.

xi. Why should I go to a law firm which only handles medical malpractice cases?

At Elam & Rousseaux, we only handle medical malpractice cases in order to give our clients the best representation possible. Other firms also handle workers compensation or personal injury claims in addition to medical malpractice cases; however, cases involving medical negligence are complicated and there are many procedural requirements which must be met. If an attorney is not familiar with these requirements, it can be disastrous to your case. At Elam & Rousseaux, we are fully prepared to assist you from start to finish because we devote all of our time to medical malpractice cases.