The list starts with Price Petho & Associates. Alongside a published $9 million malpractice settlement, the firm traces its practice to 1979. Before you call, ask about cases involving your type of surgery and who'll review your medical records. For filing rules, see the North Carolina malpractice guide.
4.9650 Google reviewsRated 4.9 out of 5 on Google from 650 reviews
Best for: Surgical and anesthesia injury claims
After mediation involving medical expert witnesses, Price Petho & Associates reports that it reached a $9 million malpractice settlement. A trust held the money to pay for lifetime medical care. In another case described on its site, an epidural catheter was involved in cardiac and respiratory arrest.
Stood out in our review for its years of experience and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.534 Google reviewsRated 4.5 out of 5 on Google from 34 reviews
Best for: Surgery and hospital care claims
Since 1978, Elam & Rousseaux, PLLC has practiced law. If your concerns reach beyond the operation to care elsewhere in the hospital, its listed work covers surgical errors as well as hospital patient negligence and anesthesia claims. Among the cases the firm describes on its site are cerebral palsy from anesthesia errors and a stroke after negligent heparin administration.
Stood out in our review for its years of experience and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.557 Google reviewsRated 4.5 out of 5 on Google from 57 reviews
Best for: Post-operative care injury claims
If an injury emerges after surgery, Brown Moore & Associates P.L.L.C.'s published case involving negligent post-operative care may be particularly relevant to your concerns. Dickerson v. Morfesis and Van Fossen appears on the Charlotte firm's site. For birth injuries, it reports settlements of $2.5 million and $4 million.
Stood out in our review for the results it publishes and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Charlotte can look at it with you, and it costs nothing.
4.71,119 Google reviewsRated 4.7 out of 5 on Google from 1119 reviews
Best for: Delayed C-section injury claims
After a baby suffered severe brain injury following a delayed C-section, a Hillsborough County jury awarded $37.8 million in 2007, according to Morgan & Morgan's published result. Although it isn't a Charlotte result, it gives you a specific record of birth-related surgical litigation. With an office in the Charlotte area, the firm includes surgical errors among the malpractice topics it lists.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.5383 Google reviewsRated 4.5 out of 5 on Google from 383 reviews
Best for: Families prioritizing clear communication
When clients describe Marcari, Russotto, Spencer & Balaban, they repeatedly mention timely updates and practical help with their concerns. If you've already struggled to get answers about an operation, that may matter when choosing a lawyer. Along with its Charlotte office, the firm lists surgical errors on its site.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
When you talk, cover the defendant's last act and when you discovered the injury. Although North Carolina's general filing period is 3 years, it has a later-discovery rule and a 4-year outer limit. Before waiting for more information, ask the lawyer to assess those dates.
Gather the medical record
When you bring your records, identify the hospital and the clinicians involved. To help the firm review the care you believe caused the injury, ask what else it needs, including notes from the operation and anesthesia.
Arrange medical review
Before filing under Rule 9(j), the complaint must certify a review by someone reasonably expected to qualify as an expert who's willing to testify that the care fell below the standard of care. Before the firm files, ask how it plans to meet that requirement.
Prepare and file the complaint
Filing the complaint brings your claim to court. Before filing, your lawyer must address the deadline and Rule 9(j). If a child is involved, ask how the age-10 rule applies when the usual limits would expire before the tenth birthday.
Consider resolution
Ask the lawyer handling your file about settling the claim and the possibility of going to trial. Among this list's published results, you'll find settlements and a jury verdict. Because North Carolina caps non-economic damages, it adjusts that cap every three years. What does that mean for your claim?
Malpractice claims in Charlotte: the rules that matter
The filing deadline in North Carolina
The clock startsOn the day of the treatment
Time to start a claim3 yearsMiss it and the claim is usually lost.
At the very most4 yearsafter the treatment, with a few exceptions
Limits on damages in North Carolina
Pain and sufferingCapped at about $712,847
All damages togetherNo overall cap
Expert paperworkThe complaint must certify that the care was reviewed by a person reasonably expected to qualify as an expert who is willing to testify that it fell below the standard of care (Rule 9(j)).
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
Contingency is how every listed firm says it works. If the claim fails, there's no lawyer's fee; otherwise, the lawyer receives a share of any recovery. Costs are billed separately. Even if you aren't paying the lawyer by the hour, you can face expenses for records and medical opinions, as well as court fees. If there's no recovery, who owes those costs, and who advances them along the way? You can't tell just from the contingency terms. Before you sign, ask for written terms showing the lawyer's share and how expenses come out of the recovery. A free consultation is also something most firms on this list say they offer.
Contingency is the payment arrangement each of the five listed firms says it uses. A free consultation is also offered by four.
What to bring to your first call
The date of your surgery, along with when you first noticed the injury
Any hospital records you have, including the operation notes
Anesthesia records, if available
Who was involved: the hospital and clinicians' names
Bills for medical care related to your injury
Letters or messages you received from the hospital or insurer
Any photos you have showing the injury
What happened, written as a brief timeline
Questions to ask a lawyer
1For this kind of surgery or post-operative care, have you handled claims before?
2When I have questions, who'll answer and handle my file?
3My filing deadline depends on which dates?
4For the review required by Rule 9(j), what arrangements do you make?
5If there's a recovery, what share would go to your fee?
6Who pays the case costs if the claim fails?
7Before deciding whether to accept my case, which records do you need?
8What could North Carolina's non-economic damages cap mean for my claim?
Choose around the care that went wrong
Let the care that concerns you guide you. If the problem wasn't the operation or anesthesia, it might have been the care you received after surgery. The malpractice work these Charlotte firms describe isn't all the same. Instead of choosing by the firm's largest published recovery, ask whether it's handled cases involving the same problem.
Find out what happened in each case. A post-operative negligence case appears in Brown Moore & Associates P.L.L.C.'s published work, while Morgan & Morgan's dollar result concerns a delayed C-section in Hillsborough County. Even a recovery for a different injury can show litigation experience. Whether the firm has handled a case like yours is something it doesn't tell you.
Use the first conversation to check the fit
1
Describe the sequence
Before explaining what the hospital told you afterward, write down the surgery date and when you first noticed the injury. Find out which records the lawyer needs when deciding whether to take your claim.
2
Ask about medical review
Before filing under North Carolina's Rule 9(j), the complaint must certify a qualifying medical review. Find out how the firm arranges that review and whether its lawyers have handled your kind of surgical issue.
3
Meet the person responsible
Find out who'll answer your questions and work on your file. Although clients on this list describe helpful updates, some firms receive complaints about how they communicate. Before you sign, agree on who your contact will be.
Bring up money early. If a firm offers a free consultation, you won't pay for that initial conversation, but that doesn't mean it has accepted your case. If the claim fails under contingency terms, there's no lawyer's fee; the lawyer gets a share when there's a recovery. Before agreeing, ask for written case-cost terms that explain who pays for medical opinions.
If someone promises a result without reviewing the care, be wary.
Until you understand the fee agreement and who pays costs, don't sign.
Ask for a plain explanation if a lawyer brings up the damages cap or a filing exception.
Use this as general information, not legal advice. To assess your circumstances and the dates controlling your claim, you can speak with a North Carolina lawyer.
Questions people ask
How long do I have to file a surgical error claim in Charlotte?
To file in North Carolina, you generally have 3 years from the defendant's last act giving rise to the claim. If you discover an injury later, you have 1 year from discovery, but no more than 4 years after the act. When calculating the deadline, don't go by memory alone. Ask a North Carolina lawyer to work through the rules using your surgery and discovery dates.
What medical review does North Carolina require?
Before filing under Rule 9(j), the complaint must certify a review by someone reasonably expected to qualify as an expert who's willing to testify that the care fell below the standard of care. Find out how the firm arranges that review. Before submitting the complaint, the firm must address this filing requirement; it can't leave it until afterward.
Can I speak to a Charlotte malpractice lawyer for free?
For a free consultation, Price Petho & Associates, Elam & Rousseaux, PLLC, Morgan & Morgan and Marcari, Russotto, Spencer & Balaban say they offer one. Before booking with Brown Moore & Associates P.L.L.C., check its consultation policy, which it doesn't state. Even if the conversation is free, the lawyer hasn't necessarily accepted your case. Nor does a free conversation make later case expenses free.
Will I owe a lawyer's fee if the claim fails?
If the claim fails, contingency means there's no lawyer's fee; each firm on this list says it uses that arrangement, taking a share when there's a recovery. Expenses aren't included. If there's no recovery, could you owe money for records or medical opinions, along with court fees? Ask before you sign.
How long does a surgical error case take?
You can't get a fixed case duration from North Carolina's filing rules or the results these firms publish. Although the statute of limitations sets your filing deadline, it doesn't set a date for the case to end. Find out what medical review remains and what might slow the case down or affect its progress. How long your claim will take isn't something a published settlement can predict.
Does my child have until adulthood to file?
Don't assume that's true. The same 3-year and 4-year limits generally apply to children. If those limits would expire before the tenth birthday, a child has until age 10 under N.C. Gen. Stat. ยง 1-17(c) and Morris v. Rodeberg, 2023. Give a North Carolina lawyer your child's dates and ask how that rule applies.
Does North Carolina limit malpractice damages?
In medical malpractice cases, North Carolina puts a cap on non-economic damages. Every three years, that cap is adjusted. To find out which parts of your claimed loss are affected, ask your lawyer for the current cap. Because the results on this list involve different injuries and circumstances, you can't use a firm's published recovery to forecast yours.
What should I do first after a suspected surgical error?
Start by writing down the surgery date and when you noticed the injury. To check the filing deadline, then contact a North Carolina lawyer. If you have operation or anesthesia notes, gather those with the hospital records you already have. Before you've collected a complete file, you can make the first call and ask the firm what other records it needs.
Can these firms review a claim if my loved one died?
Among the firms listing wrongful death as a practice area are Price Petho & Associates, Brown Moore & Associates P.L.L.C. and Marcari, Russotto, Spencer & Balaban. On the sites of Morgan & Morgan and Elam & Rousseaux, PLLC, you'll also find published wrongful death topics. To learn who can bring the claim and which deadlines apply, ask a North Carolina lawyer. If a death is involved, the general filing summary won't answer every issue.
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