North Carolina Medical Malpractice Legal Questions

I am very sorry to hear about this.  While the doctors behaviors, treatment and actions were certainly not okay, I do not know if this amounts to medical malpractice that you would be able to pursue in Court.  The reason is because of the lack of monetary damages.  Medical Malpractice cases are very hard to prove and this is because there are a lot of restrictions and requirements that are mandated by state laws.  Expert witnesses are required and they are expensive and time consuming to pursue. As a result, the monetary damages as a result of the doctor's alleged malpractice must be very high.  While, here, although the doctor's treatment likely fell below the standard of care, it does not seem that your daughter has high monetary damages as a result of such.  Based on the above facts you provided,  it seems the results are the same and luckily, your daughter was not pregnant as a result of the rape.  This is something else to consider - would the outcome have been any different if the doctor at the hospital would have provided the treatment you requested and desired.  Here (once again on the facts you provided) it does not seem that the outcome would have changed.  However, you are welcome and encouraged to call other attorneys in your local area to see if you can find someone with another option or different advice.  At the least, I highly recommend you file a formal complaint with the North CArolina Medical Board.  Check out the link here for more information.  It also provides that you can file a complaint online:   http://imp.ncmedboard.org/consumer_resources/complaint_process/  I am really sorry to hear about your daughter's rape and resulting situation and the lack of treatment she received.  I hope this response  helps.  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

If what you say is true that your mother was the victim of blatant and pretty egregious malpractice. 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

Click here for an article regarding a medical malpractice case I successfully prosecuted against the primary care physician for failing to diagnose endocarditis. 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 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

If you can prove the allegations you relate here, you would have a claim.  The real issue would be just how significant the memory loss issues are (again, assuming you can prove that the hospital messed up and that caused the memory loss).  You should speak with a personal injury attorney in your area soon.  Most personal injury attorneys offer free initial consultations.  Good luck going forward.  -Jay Mills... Read Answer

I am very sorry to hear about the difficulties you are having with your knee. As for your legal issues, medical malpractice claims are difficult to win, particularly so in North Carolina.  While I understand that you believe the doctor did something incorrectly, ultimately, you will need another doctor give an expert opinion that your original doctor did something improperly that caused you these problems.  That being said, if you feel strongly about your position, you should speak with a medical malpractice attorney in your area soon.  Most law firms that handle these types of claims, including mine, offer free initial consultations. Either way, good luck going forward, particularly with your upcoming surgery. -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 very sorry to hear about the medical issues your newborn is experiencing.  Hopefully, the complications are unrelated to the oxycodone.  However, in order to make a determination of that issue, more information is needed, such as: (1) how much oxycodone you were taking; (2) the types of medical complications your child is experiencing; (3) what other medications you were taking during pregnancy; and (4) other factors that could explain the medical complications. I would suggest that you speak with an attorney sometime soon to shed some additional light on the issues outlined above, at which point you will have a better feel for your legal options.  Either way, I hope that you and your son are able to continue to deal with this situation in the best way possible. -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'm sorry to hear about your issues.  Unfortunately, you may have a statute of limitations problem because the surgery at issue was performed more than 3 years ago.  At a minimum, you should speak with an attorney who specializes in medical malpractice issues very soon, as you do not want any chance you may have regarding the statute of limitations to pass.  Good luck going forward.  -Jay Mills... Read Answer

It is hard to tell whether you have a financially viable medical malpractice case without knowing what the outcome of the second surgery is at this point.  If you would like 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 expect when filing a medical malpractice case. 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

I am very sorry to hear about your father.  It sounds as if the hear monitor may have failed.  I would strongly suggest that the administrator of your father's estate speak with a personal injury attorney with experience in products liability claims.  Most firms, including my firm, offer free initial consultations for these types of claims.  Either way, I wish you and your family the best of luck going forward.   Jay Mills Burns Day & Presnell, P.A. 919.235.3824 (phone) jmills@bdppa.com (e-mail)... Read Answer

if you are correct and that Dr. inserted the epidural injection too far in this quest you permanent injuries you may have a viable medical 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. 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. ... Read Answer

You should contact a local medical malpractice/personal injury attorney. You probably have a products liability claim against the manufacturer of the drug. While many PI attorneys prosecute products liability cases, a medical malpractice attorney will have a little more experience with litigating a case that involves the issues that will come up in yours.  Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  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 seek the answer to this question from another doctor.  We are not doctors and based on the limited information you provided here, cannot tell you whether the doctor should have ordered an MRI.  You should get a second opinion from another doctor.  If the new doctor believes that the urologist should have ordered an MRI, then you might want to look into your options for a possible malpractice suit.  However, it is not that easy.  Malpractice suits require a failure in the standard of care which then resulted in damages. Thus, you would have to have an expert (another doctor) testify and say that the urologist should have ordered the MRI and the failure to do such was below the standard of the care.  And you will also have to have pretty severe damages as a result of the urologists failure to order the MRI.  A local attorney in  your area will be able to better advise you of your state laws and requirements for a malpractice suit. 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 information. ... Read Answer

Failure to advise you of a test result that prevented you from getting appropriate care would be negligence, but the question is whether you have a financially viable case worth pursuing.  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.  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 this.  This one may be a little tricky.  The issue is that it seems like more than one doctor has diagnosed her with Parkinson's disease.  Since more than one doctor believed it was Parkinson's, it may not be a failure or breach of the standard of care - which is required for these types of cases.  Since two or more doctor's diagnosed her with Parkinson's and in fact she does not have Parkinson's, it means that there are actually 2 events of misdiagnosis.  What you would need in the long run is another doctor to say that it is clearly not Parkinson's and that the other two doctors should have realized it was not Parkinson's and their failure to do so was a breach in the standard of care.  This may be hard since it seems like she presented with symptoms of Parkinson's and since she has not properly been diagnosed.  However, it is possible that you may have a case, but it would likely be difficult considering the circumstances.  What you should do if  you are still interested in pursuing this matter is request all your mother's medical records from all doctor's and health care facilities she has seen regarding this and you should start calling lawyers in your local area who handle medical negligence or malpractice cases.  They will likely want to evaluate the medical records prior to letting you know if they think they can help.  Most consultations and evaluation of the records are free.  Also, note that there is a time limitation in which you can bring an action regarding this matter.  A local attorney will be able to better advise you of this limitation.  I am sorry about your mother and I hope this information helps.  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 information.  ... Read Answer

The law governing statute of limitations varies among the states. You should really contact a local personal injury attorney who can provide you with an answer to that question. In New Jersey, personal injury claims on behalf of minors are tolled in most circumstances until two years after the minor reaches the age of 18. Nevertheless, wrongful death statutes of limitation are generally two years from the date of the death of the victim. There are exceptions to that rule and some states do toll wrongful death cases filed on behalf of minors. Again, contact a local personal injury attorney who can provide you with specific information in response to your question. They do not charge for telephone consultations since they work on a contingency basis. 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 absolutely is a reasonable concern.  The good news is that the lawyers who represent the doctors and hospitals generally don't seek out cases like yours because the insurance companies who hire them to defend the doctors and hospitals won't let them.  There are a couple of ways you can do this.  You can look for lawyers in your area who belong to certain groups like the American College of Trial Lawyers (www.actl.com) or the American Board of Trial Advocates (www.abota.com).  You can't buy your way into these organizations; you have to be invited and the lawyers who are invited are typically pretty high quality.  These organization invite both plaintiffs lawyers (that's the kind that you want) and defense lawyers (who represent doctors and hospitals) so you'll have to look at their websites to be sure that you're calling a plaintiff's lawyer.  Another option is to check out SuperLawyers and search for plaintiff's medical malpractice in North Carolina. I wish you the best of luck.... Read Answer

I am sorry to hear about the problems you have been experiencing.  I would, however, seek the advice of a local attorney in North Carolina.  You should find someone who is experienced in medical malpractice or negligence cases.  It is possible that you may have a case for medical malpractice and/or failure to diagnosis.  You should go ahead and request the medical records from your original doctor who did the hysterectomy in December 2011.  Also, request the record from the Urgent Care facility and any other clinics or health care providers you have seen related to this problem.  The attorney will likely want to review your medical records prior to accepting your case.  This is because medical malpractice cases are very difficult, time consuming and expensive.   They require the assistance of an expert witness and there are time limitations involved.  You should start calling local attorneys and gathering your medical records and bills.  Good 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 information.  ... Read Answer

I am so sorry to hear about these problems you and your daughter have been experiencing.   First, it is important for you to get the care your daughter needs.  Keep track of every hospital and doctors office you go to because once treatment is done you will want to request all medical records.  You can start looking for medical negligence or medical malpractice attorneys in your local area.  You can find them by searching online or in the phone book.  Start calling around and explain a summary of your situation.  You will likely be able to find an attorney who will be willing to  meet with you to further discuss the possibility of a case. I cannot advise you of whether you have a case based on the information you provided. While it does seem like some misdiagnosis may have taken place, the medical records will need to be examined to further determine the possibility of a case.  After your daughter has the appropriate medical care, start contacting local medical malpractice attorneys.  I hope this helps.  Good 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 information.  ... Read Answer

I am not sure I am able to answer your question because of the limited amount of information you have provided here.  If you are looking for a lawyer to help you with a defamation case, you  need to keep calling o lawyers who focus on general practice.  If you have been turned down numerous times, keep calling other attorneys or you may need to think about whether you have a legitimate case or not.  If lots of attorneys are turning the case down, you may  not have a case worth pursuing or a case which meets the elements of defamation.  According to North Carolina case law, in order to recover for defamation, you must prove that the defendant (the person who defamed you), caused you injury by making false, defamatory statements about you which were then published to a third party.  See, Craven v. Cope, 656 S.E.2d 729, 731 (N.C. App. 2008).  "North Carolina law recognizes three classes of libel: (1) publications obviously defamatory which are called libel per se; (2) publications susceptible of two interpretations one of which is defamatory and the other not; and (3) publications not obviously defamatory but when considered with innuendo, colloquium, and explanatory circumstances become libelous, which are termed libels per quod."  Id.  (internal citations and quotations omitted).  Based on the information you provided, I am unable to give you any more information relating to defamation and the merits of your potential case. I recommend that you keep calling attorneys in hopes of finding one that will assist you or finding one that can tell you why they are not willing to assist you.  If you ask the lawyer why they are not willing to help you, you may find out better if you need to keep seeking legal advice or if you simply do not meet the elements of defamation according to your state law.  I hope this information helps. Good 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 information. ... Read Answer

It is unlikely that you can successfully pursue a claim for medical malpractice in this instance.  While it sounds like you had an inconvenient and difficult situation, it does not seem like you suffered any long term or actual injuries as a result of the alleged wrong.  Without significant damages, medical malpractice claims are not worth the initial time and expense associated with getting them started.  You are probably better off talking with the medical providers' office(s) and discussing the situation directly with them, as opposed to hiring a lawyer.... Read Answer

You would have to prove that the decision to set it manually (or the setting itself) was not done appropriately, and that your son's delayed healing was a direct result of the doctor's improper decision.  Medical malpractice claims are very difficult to win, particularly in North Carolina.  However, if a doctor gives you an opinion about the first doctor's failed care, you should speak with a personal injury attorney specializing in medical malpractice claims.  Good luck.... Read Answer

In order to pursue a medical malpractice claim, you will need to have another doctor render an opinion that the first surgeon's care fell below the standard of care and that the problems you are having came about as a result.  Medical malpractice claims are very difficult to win, particularly in North Carolina.  But, if you receive such an opinion from another doctor, you should speak with a personal injury attorney who specializes in medical malpractice claims.  Good luck.... Read Answer

I'm very sorry to hear about this.  My initial impression is that it will likely be very difficult for anyone to identify and prove the source of the infection.  If you did receive HPV from the endoscope, then the contamination is very likely gone by now, and along with it, evidence to prove that instrument as the source of the infection.  In any event, damages in your case may be limited due to the fact that many men can go their entire lives with HPV with little to no symptoms. If at any point you develop serious symptoms such as genital warts, cancer, or other permanent condition, you should get medical attention and seek the advice and assistance of an attorney who practices medical malpractice in your community.  In the meantime, if you feel that your concerns are not being adequately addressed by the hospital, I would recommend you contact the North Carolina Medical Board to see what if anything they might be able to assist.  Link to NC Medical Board:  http://www.ncmedboard.org/consumer_resources/complaint_process/ For more information about HPV please visit the following link:  http://www.cdc.gov/std/hpv/stdfact-hpv-and-men.htm This post is for informational purposes only and is not intended to constitute legal advice, nor create an attorney-client relationship.  Consult with an attorney in your area for specific legal advice on your matter.  Good luck. Lucas T. Baker Concord, NC... Read Answer