North Carolina Medical Malpractice Legal Questions

Sorry this has happened to you. Can you give me more information about the procedure you had which led to the infection? You may have grounds for a malpractice claim if your infection was the result of a health care provider's negligence. However, not all medical complications are the result of a doctor's or nurse's negligence. Sometimes, even when the doctor or nurse are doing what they are supposed to do, a bad outcome can happen. More information is needed to determine whether your infection was the result of negligence or simply a known and accepted risk of the procedure.... Read Answer

You may have a case if earlier intervention would have gotten rid of the mites sooner and you can prove that the earlier diagnosis would have resulted in less harm, but if the misdiagnosis happened in 2009, a big question will be whether the defendant has a statute of limitations defense.  A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases.  Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.   In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Your doctor may be negligent. The issue will be whether most reasonable doctors would have made an earlier referral or ordered additional testing based on your signs and symptoms. The doctor has to be judged based on the information available at that time. In addition to proving negligence, you also must prove that the negligence caused you to suffer damages. In other words, you have to show how your outcome is different because the cancer was not diagnosed in a timely manner. This can often be the more difficult part of the case. Ultimately to answer these questions, you have to retain an expert witnesses who is familiar with the standard of care and the particular type cancer you have. I hope this helps,   John  ... Read Answer

Hi, So sorry to hear about your Dad. We are handling a very similar case right now. 32 hours seems like a completely unreasonable amount of time to wait to do surgery for a spinal hematoma. Surgeons know that they have approximately 8 -12 hours to remove the hematoma or risk permanent paralysis. I understand that coumadin can complicate the matter and delay surgery. However, things can be done within a few hours to thicken the blood to an acceptable level of risk. All of the medical records need to be obtained and then reviewed by a qualified surgeon to determine whether there was a breach in the standard of care. Let me know if we can help, John The Law Firm of John C. Hensley, Jr., P.C. 828-225-3737... Read Answer

I would be happy to meet with you to discuss my qualifications to handle your case. I have been in practice for 25 years and have handled medical malpractice cases all over the State of North Carolina and in other venues. I made the decision a long time ago that I would devote my practice to representing individuals injured by the carelessness of doctors and hospitals. I do not and would not represent healthcare providers. My office is in Asheville, but I am familiar with Catawba County and the surrounding area. I have represented several people in claims against Catawba Valley Medical Center. I am 50 years old and can certainly understand how the negligence of the pathologist will have a dramatic impact on the quality and enjoyment of your life. You need to be compensated for this inexcusable error and the pain and suffering it has and will cause. You need the right attorney to represent you. I hope you will call me to discuss this matter further. You can find out more information at my website: johnhensleylaw.com Thanks for contacting me, John C. Hensley, Jr. (828)225-3737... Read Answer

You can file a lawsuit against the manufacturer of the Mirena IUD if the IUD caused you to suffer damages. In general, to be successful, you would have to prove that the IUD was defective in some way and/or that the manufacturer did not warn about know complications from using the IUD. Mirena IUD may be the subject of a nationwide class action. To date, the manufacturer indicates they intend to defend these cases.   ... Read Answer

The statute of limitations for wrongful death is 2 years from the date of death. If your wife passed away in January, 2013, the SOL is quickly approaching. You need to consult with an attorney asap. In some situations, by filing the proper motion before the SOL expires, the SOL may be extended by 120 days. John C. Hensley, Jr. 828-225-3737... Read Answer

You may have a medical malpractice claim in addition to a workers compensation claim. Regardless of whether the doctor was retained by the employer, he had a physician-patient relationship with you and was obligated to perform a complete and thorough evaluation consistent with the standard of care. The standard of care is what other similar doctors would have done under similar circumstances. Have you resolved your workers compensation claim? There are a lot of issues that need to be considered before you should close the workers comp claim. It is important to determine how you injury will effect your wage earning ability throughout your life.   John C. Hensley, Jr. 828-225-3737... Read Answer

If the doctor gave you medication when he knew or should have known that you were allergic and this caused your injuries and damages, then yes you would have a medical malpractice claim. Proving cases like this require expert witnesses which charge for their time. In deciding whether to pursue a case, you have to make sure the potential recovery is worth the cost of pursuing the case. An attorney who is experienced in medical malpractice can help you make this evaluation. Hope this helps. John C. Hensley, Jr. 828-225-3737... Read Answer

It may be malpractice. Sometimes injury to other organs is a known and accepted risk of a surgical procedure. This means, even when the surgeon is following proper technique, unintended injuries can happen. However, if the surgeon was using improper technique or procedures and caused your injury, this would be malpractice. What type of surgery was this? Was it performed laporoscopically? Vaginally? Robotics? There is currently a big issue with the dangers of using Robotics for a hystorectomy. Let me know if I can help. John C. Hensley, Jr. The Law Firm of John C. Hensley, Jr., P.C. 366 Merrimon Avenue Asheville, North Carolina 28801 Telephone: (828) 225-3737 Facsimile: (828) 225-3736 jhensley@johnhensleylaw.com... Read Answer

It certainly sounds like you were ignored by your doctors following your surgery. The bleeding itself would probably not be negligent. This is a known and accepted risk of most surgical procedures. However, if your symptoms after the surgery were outside of what most surgeons would normally expect, then you should have been examined and some of this could have been avoided.   John C. Hensley, Jr. The Law Firm of John C. Hensley, Jr., P.C. 366 Merrimon Avenue Asheville, North Carolina 28801 Telephone: (828) 225-3737 Facsimile: (828) 225-3736 jhensley@johnhensleylaw.com... Read Answer

Dear Anonymous, Right now you need to focus on getting better, even if that means seeking a second opinion with another doctor. However, keep in mind that there are serious time limitations that apply to all civil legal actions, called statutes of limitation. Each state is different, but North Carolina is governed by a three year statute of limitation for personal injury claims. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Ms. Chapman, Are you being treated any differently as a result of the diagnosis of HPV? You should absolutely be made aware of your test results, especially if something is abnormal. However, in this case, you probably haven't received any additional treatment outside of what you were receiving and therefore the main issue is being informed. I would recommend that you contact the North Carolina Medical Board who can investigate this incident and make sure the doctor's office has policies and procedures in place to keep their patients informed. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous, It appears as if the doctors were trying to take steps in the right direction to diagnose and treat your symptoms. You were referred to a specialist who sent you to the Emergency Room. Unfortunately, they did not order a CT scan. However, you said yourself that out of frustration you just stopped seeing doctors for several months. Not that I blame you, but who is to say that you would not have been diagnosed sooner if you had followed up with treatment? This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous, After they changed your medication, did you fully recover? If the answer is yes, then I would urge you to contact the North Carolina Medical Board. They will look in this matter further and help the hospital put policies and procedures in place to make sure that this does not happen to other patients. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous, I think you should contact our office for a free consultation at 855-234-7619. There are a lot of additional information we would need to know in order to properly evaluate this matter. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

It's hard to tell you whether you have a medical malpractice case worth investigating. Clearly, in the normal course of events you wouldn't expect a cervical fusion to fail within seven months of the surgical procedure. At the same time, complications can happen in the absence of negligence. First and foremost, however, you need to deal with the medical issues that you're facing. Try to find a physician affiliated with a teaching hospital and determined exactly what's going on medically and get a second surgery performed if that's what is required. In the meantime, contact a local attorney and find out when the statute of limitations expires on your claim. By dealing with the medical issue you'll be firming up the facts relative to the malpractice case because only after you receive a firm diagnosis and move forward with treatment will an attorney investigating the case know what happened following the first surgery and only then will he be in a position to ascertain what kind of damages are at stake.    If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.  ... Read Answer

I think the trouble with any case is that whatever the pathogen of your infection, it is very virulent. This suggests that earlier intervention probably would not have had a drastic impact on the outcome. Therefore, the case will have proximate cause and damages obstacles to overcome. To know for sure, an attorney would have to review all of the pertinent medical records.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

You may very well have a claim for the injuries to your child. Burns are most certainly not an anticipated outcome from this procedure. It raises a suspicion that something inappropriate was done. It would be important to obtain your child's records from the ICU and review them to determine what happened.... Read Answer

To obtain a recovery in a medical malpractice action you have to prove that the physician was negligent and that the negligence caused damages. Sometimes even when you are able to prove negligence, the case may not be worth pursuing because of the lack of significant damages. Here, it seems like the physician should have suspected possible jaundice from your symptoms and either evaluated the condition himself or referred you somewhere for evaluation. However, the more important question is whether you suffered damages because of the delay in diagnosis from Tuesday to Thursday. It seems likely you would have been found to have jaundice if evaluated on Tuesday.... Read 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.    ... Read Answer