North Carolina Medical Malpractice Legal Questions

Ms. Hicks, The most important thing right now is for your father to get the medical treatment he needs. If his family doctor will not treat him, he needs to go somewhere else. It sounds like your father was admitted to a small, community hospital where the doctors really didn't know what to do with him. Am I correct? If so, I would recommend you take him to the emergency room at a larger, regional hospital where he will likely be seen by specialists and can get the treatment he needs.   Once his condition has improved, then you can investigate whether someone was negligent in causing the infection or negligent in failing to properly treat him.... Read Answer

I am sorry you are going through this difficult situation. Answer to your question depends on whether your wife received the type of evaluation and screening in the emergency room that most similarly situated physicians and nurses would have provided under the same circumstances. If she did not, this would be considered malpractice and she would be entitled to compensation for her damages. When a patient presents to the emergency room with certain symptoms, the emergency room staff must act reasonably to stabilize the patient, form an accurate diagnosis, and render appropriate treatment. This includes obtaining a history from the patient or family, performing a comprehensive physical examination, and obtaining lab studies and other diagnostic test. If through this process the diagnosis does not become clear, they can also request consultation with other specialists. It sounds like your wife was not stable at the time of discharge and that her condition was misdiagnosed. You may wish to have this matter investigated further.     ... Read Answer

The best practice would be to hire an attorney in the state where the malpractice occurred. It is possible of course to retain an attorney outside the state and have that attorney admitted "pro hoc vice" which is essentially a temporary admission to practice in the state. However as the substantive law and procedural law of Ohio would apply, I would think having an attorney that experienced in that venue would be better. I would start by looking for a highly rated attorney on lawyers.com in the state of Ohio his practice is primarily medical malpractice to begin your search. Good luck!... Read Answer

I am sorry to hear about your situation. Let me give you a little information on medical malpractice cases in general that may help you determine whether you have a case. You say that you had a dislocated hip in the hospital. Are you claiming that your hip was dislocated due to some negligence? If so who or what do you claim caused this condition? The subsequent surgeries  due to infection are not in themselves evidence of negligence. Complications such as infection or common anytime the skin is opened and surgery performed. The mere fact that you had a bad result isn't in and of itself evidence of malpractice. More information would be necessary to be determined whether the hospital properly manage your infection after it was discovered. Generally speaking, the easiest way to determine whether not malpractice occurs to review all the medical records that were generated in connection with your care. I would ask your medical providers for copies of your treatment records if you are serious about a malpractice investigation... Read Answer

Statute of limitations are governed by state law, so you should ask a lawyer in NC this question.  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 should definitely discuss this with a personal injury attorney in your area.  More specifics are necessary in order to fully assess your claim.   James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

It could be a viable medical malpractice depending on the specifics of the tumor at the time it was originally seen.  The standard of care may have required the physicians to perform a pathology work up of the tumor and/or a CT scan to determine if it was cancerous.  The other important question is what effect this delay had in his treatment and prognosis.  We have handled several of these claims and would be happy to discuss the case in more detail with you.  Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com  ... Read Answer

When someone has been injured or damaged by the negligence of someone else, they can make a claim for monetary compensation. The person making the claim for damages in a case is known as the Plaintiff. The person or company who the claim is against is known as the Defendant. A plaintiff's lawyer is a lawyer who generally represents plaintiffs in cases.... Read Answer

You have a difficult liability case. You either had concomitant medical problems or your pneumonia caused you to develop congestive heart failure. Shortness of breath is consistent with a cold, the flu and congestive heart failure, so when you called reporting those symptoms, it would not necessarilly compell a diagnosis of one of them in particular. Finally, if you were ultimately diagnosed and treated for these issues, and you get better, there will be questions about whether the case is financially viable.  Answered by New Jersey Medical Malpractice Attorney John Ratkowitz. If you want to investigate a 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.  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,  ideally with experience in cases that involve your medical issue. 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. 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 will remain responsible for the bills. I you file a medical malpractice case, any out of pocket expenses that you incur will be part of your damages in the case if you prevail. Additionally, your health insurance carrier will likely assert a lien for any bills they paid.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select 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. Click here and here for more information about me. 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  Skype: john_ratkowitz. ... Read Answer

Misdiagnosis of injury or illness in the emergency room or is a common occurrence. Unfortunately, the North Carolina legislature passed a series of medical malpractice reforms in 2011 which have severely restricted the ability of malpractice victims to pursue their claims in court. Under section 90 – 21.12, medical malpractice actions arising out of the furnishing or failure to furnish professional services in the treatment of an emergency medical condition, must be proven by clear and convincing evidence. This is a change from prior law which merely required the greater weight of the evidence. Furthermore, are limited to $500,000 with some exception. The consensus among attorneys who practice medical malpractice is that these changes will result in fewer plaintiff verdicts in fewer viable cases being brought to court.... Read Answer

What seems like a very straightforward question does not lend itself to easy answer. In North Carolina, the general rule is three years. However, there are exceptions (c)  Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.   Clear as mud, yes?... Read Answer

It certainly sounds like your mom received negligent care. Given your mother's age, however, you are probably going to have a hard time finding an attorney to take the case on, because her limited life expectancy impacts the financial viability of the case. The linked articles below explain this in more detail.   Attorneys employ different standards when determining when to undertake a malpractice case. One firm may conclude that a case is not profitable enough, while another might reach a different conclusion. If you want to pursue 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You should speak with a medical malpractice attorney with experience in handling brachial plexus injuries.  Our office works very closely with attorneys who specialize in this area, as do other law firms.  You should be advised that there is a statute of limitation and a statute of repose that could impact your ability to file a lawsuit and recover if you wait too long after your child was born.  Brachial plexus injuries are difficult to overcome, and there are several lawyers who specialize in these areas.  Most firms that handle these types of claims, including our office, offer free initial consultations, so it cannot hurt to contact someone to discuss in greater detail. I am very sorry to hear about your son, and wish you the best of luck going forward. -Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

I am sorry to hear about this.  I am sure there are some attorneys handling mass tort and/or class action litigation regarding Paxil in North Carolina.  I would just google "Paxil lawsuit in North Carolina" and evaluate your results and determine how you think you should proceed. A lawyer who is handling these cases will be able to tell you what information is needed, etc.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

Dear Anonymous, Medical negligence claims have a completely different set of rules designed to make it much more difficult for patients to sue doctors, and they are very expensive. However, your brief description of the facts demonstrates that you may have a claim against the entity that caused the original injury and you may be eligible for Social Security Disability. Please feel free to call our office to describe the facts more fully. 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

You may have a malpractice case if medication caused the rash or intervention would have helped avoid the spread of the rash. It sounds like it would because treatment at the second hospital helped. If there was scarring, you may have a financially viable case, it really depends on how bad it is.  If you want to investigate a 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.  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,  ideally with experience in cases that involve your medical issue. 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. 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  Skype: john_ratkowitz Click here for my website. ... Read Answer

Blood clots can occur postoperatively in the absence of negligence. If you reported symptoms consistent with a blood clot and they failed to investigate this possibility, you might have received negligent care, but you probably do not have a financially viable case if additional care solved the problem.  If you want to investigate a 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.  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,  ideally with experience in cases that involve your medical issue. 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. 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  Skype: john_ratkowitz Click here for my website.   ... Read Answer

Clearly you received negligent care, but the question is whether the delay in diagnosis resulted in permanent harm. If it did not, then you probably do not have a financially viable case. The articles below explain this.  If you want to investigate a 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.  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,  ideally with experience in cases that involve your medical issue. 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. 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  Skype: john_ratkowitz Click here for my website. ... Read Answer

That is not a question, but it sounds as if you need to talk with a medical malpractice attorney in your area.  Wrongful death claims must be brought within two years from the date of death, so that is something to keep in mind.  Also, you will need to be able to prove that his death was caused by the shunt malfunction - this typically takes several experts for investigation and confirmation.  I am very sorry to hear about your son, and wish you the best of luck as you pursue this claim.   Jay Mills... Read Answer

It depends on what "happened in 2001 and 2002."  Most cases have statutes of limitations, meaning that you cannot file a lawsuit if it has been over a certain amount of years.  For example, in North Carolina, there is likely a 3 year statute of limitations for medical malpractice claims.  However, some state laws give you additional time if you did not find out about the harm/damage until years later.  However, most are 7 years or 9 years, but each state varies.  If the case involves libel/slander, the statute of limitations is likely 1 year; and if it involves wrongful death, it is likely 2 years. However, some crimes do have extended (or no) statutes of limitations, like sexual assault crimes.  Determining the statute of limitations is very fact dependent and depends on your state laws.  Thus, you may want to consult a local attorney in your area who may handle the type of case you need advice.  I am sorry I am not able to provide you with additional information due the lack of details you provided.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer