North Carolina Medical Malpractice Legal Questions

I think that you should consult an attorney. Depending on your age and other factors in your patient history, accepted standards of care may have required your doctor to perform a screening colonoscopy even in the absence of these symptoms.  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

Swollen ankles and trouble breathing are hallmark signs of congestive heart failure and so it is hard to understand why you were not diagnosed with that condition when you initially visited the hospital.  At the same time, I do not believe the delay in diagnosing the condition caused additional medical harm and so under the circumstances you probably do not have a financially viable medical malpractice case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. 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

Dear Ms. Dowzicky, You have a few options here. One is to seek information from the hospital ombudsman to help clarify what happened and why. It is possible there is a reasonable explanation that could satisfy you. Another option is to file a complaint with the North Carolina Medical Board. A third option is to seek advice from a medical malpractice attorney. If a medical malpractice attorney were willing to take your case on, they would obtain all relevant medical records and seek the advice of a medical expert to determine if the care rendered were below the standard of care, and therefore, if your mother has a legal cause of action she could or should make a claim in a civil court of law.... Read Answer

Post-operative wound infection cases are difficult to prosecute because many times a wound infection can occur in the absence of negligence. There are some circumstances where accepted standards of care require the use of prophylactic antibiotics because an infection can have devastating results ( for example, in a situation involving a total knee replacement). Most of the time, however, these cases are not pursued because the patient acquired an infection, but because a doctor failed to recognize and treat an infection in a timely fashion. If you had knee replacement surgery, accepted standards of care required the use of prophylactic antibiotics. Beyond that, it is hard to tell you without looking at the records whether your doctor negligently failed to respond to your infection in a timely manner. If you want to investigate a case further, 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. 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 ... Read Answer

I am going to have a hard time answering your question due to the lack of details you provided.  However, if you suffered some damage as a result of being stuck with the needle, then you may have a claim.  It would dpened higly on how and when and with what you were stuck with including what type of damages  you incurred.  Also, it woudl dpend on who stuck you with the needle.  Was it a nurse, doctor a friend?  Without more details I am unable to give you a more responsive answer.  But if you suffered serious injuries as a result of someone's negligence, you should consider contacting a local attorney. However, if you were simply stuck with a needle but no harm was caused, you likely do not have a potential case.   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

Richard, I am very sorry to hear about your situation.  I suggest that you speak with an attorney who handles personal injury claims relating to products liability and defective products.  Most firms that handle these types of claims, including my firm, offer free initial consultations.  Once an attorney has some additional informaiton, he or she will be able to give you  more insight and more complete guidance as to your next potential moves.  I 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

You may. Delayed diagnosis accounts for a significant percentage of medical malpractice cases. You would have to prove through expert medical testimony that based on your symptoms and test results the standard of care required the ER doctors to do more than they did. Further, if they had done more to evaluate you it would have led to an earlier diagnosis and would have prevented your damages. If, even with an earlier diagnosis, your outcome would have been similar, it might be difficult to prove significant damages. ... Read Answer

Well trained medical experts in the areas of obstetrics, neuroradiology, and pediatric neurology are often able to review the medical records including x-rays, MRI's, CT Scans, and laboratory records to determine the cause and timing of an injury. For example, you start to see edema or swelling on the brain following an injury within a known window of time. Similarly, laboratory results indicating injury tend to rise, peak and decline at expected rates. Also, clinical symptoms such as your nephew's respiratory problems and abnormal heart rate can suggest when an injury occurred. This and other information in the medical records help experts determine what the child's injury is and most likely when it happened. I would recommed gathering all of your nephews medical records, including his Mom's prenatal and labor and delivery records, including all fetal heart monitor strips, and having those reviewed by an attorney with experience in these matters who can coordinate reviews by the appropriate medical experts. ... Read Answer

Obviously that should not happen. The question, however, was how were you damaged by that? Has it left you with a permanent problem? If not, the case is not financially viable.  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 addresses the issue of financial viabililty, which the big obstacle you will have to contend with.  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

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. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. 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.  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.  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 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 skilled medical malpractice attorney in your state.  he or she can get additional information from you in order to give you better guidance.  certainly, additional information is needed to give you any serious guidance.  most firms offer free initial consultations for these types of inquiries.  good 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

As you indicate, there may or may not be a viable medical malpractice case, it depends on the reason the optic nerve was damaged. If it was through the use of the anesthetic, you may have a viable informed consent case if the doctor did not offer you an alternative to decrease the risk of damage to the optic nerve. A subTenon's block is a way to avoid damage to the optic nerve, although for a variety of reasons, retinal surgeons chose to use other methods. I think it is a stretch to argue that accepted standards of care mandate that this procedure be used during retinal surgery, but you could make the argument that a doctor's duty to give informed consent requires this option to be discussed.  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.  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

It is difficult to tell you whether you have reason to investigate a medical malpractice case because you are so in the dark regarding what occurred. For an attorney to tell you whether the complications you are experiencing were related to medical malpractice, he would have to obtain your medical records and have them reviewed by an expert.  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.  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 do not say what kind of procedure you were having, but burns during surgery are something that happen enough that there is literature reported on the subject. (Click here and here, for example).  I have evaluated a couple of these over the years, and the reason that I have not taken any of the cases to date is that they are not financially viable.  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.  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

Without knowing the nature of your case, it is impossible to give you any guidance.  You can always talk with a personal injury attorney in your area - most initial consultations are free, and after that initial meeting, you will have a better idea as to whether it is something you should pursue.... Read Answer

You should consult a lawyer, who will advise you what an appropriate range of damages is. Assuming you have a viable case, the scope of damages depends on the nature of the injury, whether it is permanent, and whether it impacts your ability to earn a living, among many other factors.  If the hospital is negotiating with you directly, get a lawyer because you are not in a position to address these kinds of issues on your own.  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. Click here for more information about me. Click here for more information about my firm. 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

The tort reform bill is one of many issues that an attorney must consider before taking on a medical malpractice action.  That being said, if you have a strong claim, it is still an area of the law that attorneys explore - you just need a solid case, and those are hard to find given the current state of the law.... Read Answer

There are many reasons why it takes a long time for a plaintiff's attorney to file suit in a medical malpractice case. The investigations into these suits are most often the most critical parts of the case. The articles below explain why this is so.  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 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

I am sorry to hear about your son.  I hope that he gets better soon.  However, in order to sue the hospital, you would need to prove malpractice.  That consists of proving that the doctor or hospital's conduct fell below the standard of care.  Most states require that an expert witness be hired to offer a professional opinion that the doctor or hospital's conduct was below the standard of care.  Usually the expert has to be hired and consulted before a lawsuit can even be filed. Based on the information you provided here, it is hard to tell what the issue is.  If you think there was some kind of malpractice involved, I recommend getting your son's medical records related to the surgery and all treatment after that which relates to any problems you believe were a result of the surgery and start contacting lawyers who handle medical malpractice cases.  I will tell you that these cases are usually very difficult to prove unless the liability is clear and are expensive and time consuming to pursue.  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

I don't think you have a financially viable medical malpractice case, because I think the analysis is that you had necessary surgery, that was rendered pointless by loss of the pathology specimen. I would not be satisfied with the doctor's after the fact conclusion that you "probably" don't have cancer when they justified a surgical procedure on the pretense that you might a couple of weeks before.  If you don't have a follow-up D&C to test for cancer, and you are diagnosed with cancer later on, then you would obviously have a medical malpractice case, but don't wait for that to happen. Request your records from your current OBGYN, provide the records to another OBGYN, and get a second opinion.  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

Most medical malpractice cases in North Carolina are handled by attorneys on a contingency fee basis. The fee is contingent upon recovery. Given the expenses involved in pursuing these types of claims and the amount of work involved, it is usually 33 1/3% to 40% of the gross recovery plus expenses. ... Read Answer

I cannot tell if you "have a case" based on the description you provided above.  In order to prevail on a medical malpractice claim in NC, you will have to prove that the care you received fell below the standard of care, and that it caused you damages.  My suggestion would be that you continue to focus on rehabilitation, and hopefully the issues you are experiencing will subside and you will make a full recovery.  Certainly, if you do not recover, you should have an attorney look into the matter for you.  Good luck with the recovery.  -Jay Mills... Read Answer

Whether you can sue a doctor for medical malpractice due to a "wrongful birth" is an issue that is governed by state law. Click here for an article that suggests that North Carolina is one of the states that allows such a cause of action.  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. 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