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Our Asheville Lawyers Advise You on What Types of Claims Are Considered Medical Malpractice in North Carolina

Learn about filing a claim for compensation after sustaining an injury because of a healthcare provider’s mistakes

Not all medical mistakes are considered malpractice. To prevail in a lawsuit, you must prove that your healthcare professional provided you with treatment that fell below the accepted standard of care and you were injured as a result and suffered damages.

With 29 years of experience, Hensley Cloninger, P.C. is dedicated almost exclusively to personal injury and medical malpractice claims. Our firm evaluates your claim to determine whether you have a valid cause of action against your health care provider. We determine whether the cause of your injury was a surgical error, misdiagnosis, failure to diagnose, pharmaceutical mistake or birth injury that rises to the level of medical malpractice.

Surgical errors

Once you submit to anesthesia, you leave your health in the hands of your surgical team. You may not even realize a mistake was made until several days or months after your medical procedure, making surgical malpractice cases particularly complex. Surgical errors for which medical professionals and entities may be held liable include:

  • Operation on the wrong side of the body
  • The incorrect surgical procedure
  • Use of contaminated instruments
  • Failure to control infection
  • Inadequate evaluation of high-risk patients
  • Amputation of a healthy body part or limb
  • Failure to remove diseased tissue
  • Insufficient anesthesia
  • Overdose of general anesthesia
  • Improper insertion of an epidural or spinal block
  • Uncontrolled hemorrhaging
  • Nerve damage
  • Surgical instruments and tools left in the body


Misdiagnosis of your medical condition not only deprives you of potential treatment options, but also may potentially subject you to unnecessary and harmful procedures to treat a disease you do not have. For this reason, it is crucial for your doctor to make an accurate diagnosis and order the appropriate tests to identify your medical problems. Otherwise, you face serious injury because of misdiagnosis of:

  • Cancer
  • Contagious infections
  • Stroke
  • Heart disease
  • Cardiac arrest
  • Celiac disease
  • Irritable bowel syndrome
  • Vitamin deficiencies

Failure to diagnose

Often, catching a disease at its early stages gives you more options for treatment. For example, doctors can often control localized tumors with low-level radiation and excision of the cancerous tissue. However, once the disease has spread throughout the body, cancer usually becomes terminal with a poor prognosis for remission. Likewise, immediate treatment for such acute conditions as stroke or heart attack may preserve vital brain or heart tissue and improve the chances of survival. Other instances of failure to diagnose that can result in devastating injuries include:

  • Fractures
  • Aneurisms
  • Infectious diseases
  • Heart disease
  • Thyroid disease
  • Sepsis
  • Osteoporosis

Learn more about what constitutes medical malpractice. Call us today for a free consultation

Get the information you need to file a medical malpractice claim against negligent health care providers. Call Hensley Cloninger, P.C. at 828-348-0092 or contact us online to schedule your free initial consultation. Our Asheville lawyers serve injured patients throughout North Carolina and the Southeast United States through pro hac vice representation. Our medical malpractice lawyers handle your claim on contingency.