QUESTION
Medical Malpractice queries
Asked on Feb 17th, 2014 on Medical Malpractice - North Carolina
More details to this question:
Hi, My query is about an injury caused during a surgery performed in Massachussetts during November 2010. The problem for which the surgery was done, recurred and I had to undergo another surgery in Charlotte North Carolina during 2013 December. During this surgery, the surgeon found that from the previous surgeory a staple had pierced in to one of my nerve which became completely and permanently scarred. The surgeon had to remove the portion to correct the situation. My queries are 1.Can I file a medical malpractice suit for a procedure done in Massachussetts from North Carolina?If yes, can any lawyer from NC file this suit? 2.As the problem was discovered during another procedure, would this be considered as an exception case out side of the normal statutory time limit within which other wise the suit should have been raised? 3.If my case qualifies for a suit and if I proceed with the suit, due to any reason if I lose the case do I suffer any financial losses for court expense
1 ANSWER
If I understand your situation correctly, the claim would probably have to be filed in Massachusetts. North Carolina Courts would not have jurisdiction over a Massachusetts doctor for negligence committed there. You would need to contact an attorney licensed in Massachusetts.
As to your question about the statute of limitations, often a different time limit applies to cases involving a retained foreign body or cases where there is a delay in discovery of the injury. You will need to contact a Massachusetts attorney regarding specific time limitations applicable in that state.
In North Carolina, the losing party may be liable for certain costs incurred by the other party in pursuing / defending the case. These costs are clearly defined in the statutes and usually do not include attorney's fees. I am not familiar with the law regarding costs in Massachusetts.
Answered on Feb 17th, 2014 at 3:32 PM