North Carolina Wrongful Death Legal Questions

I'm sorry to hear of your loss. Whether or not the hospital was negligent in failing to supervise your brother in large part is based on what condition he was admitted for. Without looking at the medical records and getting further information about the case, it is impossible for anyone to determine whether you have a claim.... Read Answer

In North Carolina, you are limited to the value of the animal at the time of its death. Unless your dog was extremely valuable, save for breeding purposes or show, the damages you would be entitled to would be nominal. As such, it is unlikely you would find an attorney willing to assist you in this.... Read Answer

I am assuming that the procedure your mother had performed was a pericardiocentesis. Was it being performed for diagnostic purposes or was she being treated for a cardiac tamponade? this would be important, because in North Carolina a different standard of care applies to emergency services.   In either situation, because this is a invasive procedure, there is a risk of damage to adjacent organs and structure. Was an autopsy performed? having that information would be helpful in deciding whether her death was to medical malpractice.   I would not necessarily infer negligence from the fact that the hospital has made some offer. Furthermore, any offer made by the hospital would be inadmissible in court as evidence of liability. The stature limitations in North Carolina on a wrongful death action is two years from the date of death. The only way to determine whether or not you have a case would be to obtain complete copies of your mothers medical records and have them independently reviewed.... Read Answer

These are difficult cases, but they are prosecuted. Based on your description, since there appear to have been allot of warning signs, you might have a case.  You should consult with a local medical malpractice attorney who can investigate the case for you. Most medical malpractice cases are taken on a contingency basis and attorneys provide free initial consultations.  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. 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

Are you asking about a lawyer or a medical professional?  Typically, law firms who handle wrongful death claims involving medical records either have someone on staff to review and interpret the records, or the attorneys do an initial review themselves and then, if appropriate, consult with experts to provide further insight and information relating to the records.  If you have a wrongful death claim (or believe that you do), you should contact an attorney who handles these types of claims.  Almost all attorneys will offer a free initial consultation, and will be able to provide additional insight and guidance after a brief consultation.  Good luck going forward.  -Jay Mills... Read Answer