North Carolina Medical Malpractice Legal Questions

If the structured settlement was set up with a guaranteed payment period or named a beneficiary, the remaining payments may go to the estate or whoever was designated. But if the payments were tied strictly to the child’s life, they usually stop when the child passes. It all comes down to the original contract, so reviewing that agreement is the key to knowing what happens next.    ... Read Answer

I would need more information to evaluate your case. To recover in a medical malpractice claim, you must prove that the health care provider was negligent and that such negligence caused your injury or damage. An unsuccessful surgery or unexpected outcome, in and of itself, doese not prove that the physician was negligent. All of the medical records related to the surgery and your medical care would need to be reviewed by an expert to determine if you have a claim to pursue.... Read Answer

There are really two issues to look at. First, is a colon perforation during a routine colonoscopy a known and accepted risk of the procedure or is it negligence. Second, following the colon perforation, did you receive appropriate care and, if not, is your outcome significantly worse than it would have been otherwise. These are very complex issues and need to be evaluated by an experienced attorney with access to qualified medical experts. You possibly have grounds for a lawsuit, but more information needs to be obtained and evaluated.... Read Answer

A misdiagnosis in and of itself is not necessarily malpractice. In order to make out a medical malpractice claim you would have to prove that the misdiagnosis was a result of medical negligence in treating you. You should also be aware that the standard of proof required in the emergency care cases is higher than in cases against say your primary care provider.   I think the bigger problem may be your damages. You are entitled to actual damages for the harm actually caused, not for what could have happened. I don't know what further damage you may have suffered but I believe he would have been very difficult time proving your case.... Read Answer

You should contact an attorney who handles Federal Vaccine Injury Compensation Fund cases. This is a very specialized area and you need an attorney with experience handling these claims. Here is the address of the US Government website:  http://www.hrsa.gov/vaccinecompensation  ... Read Answer

It was probably negligence to discharge you with an IV still in your arm, but the extent of damages would probably not justify the cost of pursuing a lawsuit. You should notify Alamance Hospital risk management of what occurred and demand that they cover any costs incurred by you because of this issue.... Read Answer

I'm sorry this happened to you. How far along was your pregnancy? Were you being followed by a specialist? Regardless, you and your baby should have been thoroughly evaluated by the ER staff and it should have been clear that you were both stable before sending you home. If there was any question, your obstetrician should have been called in to evaluate you. You were obviously high risk because of your diabetes and should have been treated as high risk.   ... Read Answer

There are several issues that must be evaluated when considering a potental medical malpractice claim. First, you must determine whether the doctor in question was negligent. Negligence is defined as a failure to comply with the applicable standard of care for similar doctors. Here, the question is not whether the potential meningioma can now be found on the 2014 CT in hindsight with the benefit of the MRI results. The question is whether the evidence of a potential meningioma was so obvious on the 2014 study that most similarly situated radiologists would have seen and reported the abnormality. If so, you must then determine whether the failure to report the abnormality caused some damage. In other words, how is your Mom's course or outcome different because of the negligence. If the abnormality should have been seen and reported, and if the failure to do so caused significant damages, then you may have a medical malpractice claim to pursue.    ... Read Answer

It sounds like a miracle your daughter survived. Unfortunately, the statute of limitations on any claims that you or your husband might make has likely expired. The statute of limitations for medical malpractice claims is generally three years from the doctor's last act of negligence. Here is sounds like the doctor's negligence was in failing to determine that you were pregnant prior to taking you to surgery. However, if your daughter sustained any injury as a result of the doctor's negligence, her claim would still be open. The statute of limitations for a child's claim is much longer than an adults.... Read Answer

Ms. McDougald, All of the facts of your case would have to be reviewed to determine whether you have grounds for a malpractice lawsuit. Doctors are liable when they cause injury as a result of their negligence. However, not all complications or bad outcomes are because of a doctor's negligence. There are known and accepted risks of every medical procedure that can occur even when the doctor is providing appropriate care. Is accidently cutting the small intestines a known and accepted risk of this particular surgical procedure? That's a question an expert surgeon would have to answer.... Read Answer

Oral surgeons have a legal duty to comply with the standard of care. This means that they are required to do what other oral surgeons with similar training and experience would do under the same circumstances. If failing to remove the root during the first surgery was below the standard of care, then all of the costs associated with the second surgery should be the responsibiity of the oral surgeon, not yours.... Read Answer

Generally, in order to practice medicine and treat patients in the state of North Carolina a doctor must be granted a license by the North Carolina Board of Medical Examiners (NC Medical Board). There could be exceptions for military doctors practicing exclusively on US military installations or other federal facilities, but those exceptions would be limited.... Read Answer

It sounds like you are a long haul driver. You could potentially have a workers compensation claim if the lung condition was caused by an injury or accident arising out of your employment. If you work for a company in this State or have contracted with a company in this state, then North Carolina would be the state in which to file a workers comp claim. As for a medical malpractice lawsuit, that suit would likely have to be filed in North Dakota either by an attorney who practices there or a NC attorney who is granted admission in North Dakota for purposes of this case. This is known as pro hac vice admission. I am licensed in North Carolina, but have handled malpractice cases in other states on a pro hac vice basis. In any event, you should have your case evaluated by an experienced attorney to make sure all of your rights are protected. Let me know if we can help.... Read Answer

Doctors and other health care providers must comply with the applicable standard of care when evaluating and diagnosing patients. The standard of care is defined is what most doctors with similar training and experience would do under the same circumstances. If your physician and the ER physicians failed to perform standard tests or make the appropriate diagnosis from the information available to them, then they may have fallen below the standard of care. However, if they examined you, performed the appropriate tests, and made a reasonable diagnosis based on the symptoms which ultimately turned out to be wrong, then they would not be negligent. Doctors are not held to a standard of perfection. They only have to act reasonably to comply with the standard of care. Whether or not you could or should pursue legal action would depend on a full evaluation of all of the facts. ... Read Answer

Maybe. The purpose of a medical malpractice lawsuit is to obtain monetary compensation for damages caused by a health care provider's negligence. To obtain a recovery, you must prove that the provider was negligent and that the negligence caused damages. However, even if you can prove these things, before you file a lawsuit, you must make sure that the costs of pursuing the case doesn't outweigh the amount of the recovery. The full extent of your damages is unclear from your question. Are you still pregnant? Did you go on to deliver the baby? Knowing these facts and others would be necessary to fully evaluate your case and give you an opinion on whether you could and should pursue a lawsuit.    ... Read Answer

I'm sorry this has happened to you. If the doctor was not competent and qualified to perform the surgery you needed, he should have never taken you to surgery. I would need more information about your injury and the complications you have had in order to give you advise about any potential claim. ... Read Answer