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North Carolina Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: Does a delay of melanoma diagnosis constitute malpractice?

Some details will be light for privacy’s sake.

I have a history of melanoma.

I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation.

I came back 2-3 months later since it wasn’t healing. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 27, 2023

Yes you may have a case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect...
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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: How do you know when you are a victim of medical malpractice?

I had back surgery and my condition is worse than before.

Joel Gary Selik
Joel Gary Selik
answered on Aug 25, 2023

Medical malpractice means the doctor, or other health care provider, acted below the standard of care, and that breach of the standard of care caused harm. This generally must be determined by an expert in the appropriate health care field to review the information and provide their analysis.

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: If my appendix burst because the hospital waited over 8 hours to do my surgery, Do I have a case?

My original CAT scan showed my appendix was still intact. I waited between 8-12 hours for my surgery to take place even though they knew I was having pain for 3 days previously & there was a chance my appendix could perforate. It did & I had a bad gangrenous infection & had to stay in... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 9, 2023

Yes it is possible this is malpractice. Another doctor would need to review the records and determine if the health care providers breached the standard of care in the delay and if that delay caused your damages. Additionally, the nature and extent of your harm will determine the viability of a... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I had a cast on after surgery that has caused damage to my hand. Is there any I do?

I had surgery on my thumb CMC joint on February 22, 2023. My surgery in the joint went well. However they placed me in a cast for a month after my surgery. I emailed my doctor twice that my cast was too tight and my fingers were swollen and I was in constant pain. The doctor had me go for a cast... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 8, 2023

You may have a valid medical malpractice case. Another doctor would need to evaluate what was done to see if the doctors acted below the standard of care and if their malpractice is what caused your damage. Consult with an experienced medical malpractice attorney in the state where this occurred.

2 Answers | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I was bit on the face by a brown recluse while asleep, hospital cut away some skin left a real bad scare on my face what

Are my rights, it is horrific and I have to go to plastic surgery because of it.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case....
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2 Answers | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I was bit on the face by a brown recluse while asleep, hospital cut away some skin left a real bad scare on my face what

Are my rights, it is horrific and I have to go to plastic surgery because of it.

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

I'm sorry for your injury. Your rights would depend on whether there was a departure from the medical standard of care that a court would apply in your jurisdiction. A scar, in and of itself, is not conclusive evidence of an error if it was the best that could be done under the circumstances.... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Got a bedsore when I was admitted in cmc Charlotte hospital can't get no one to take case I was in ICU a month and stag

Four sore when I was released from hospital need compensation for pain and suffering

Joel Gary Selik
Joel Gary Selik
answered on Jul 7, 2023

There are many aspects to a medical malpractice case attorneys evaluate. Medical malpractice cases are challenging and exceptionally time consuming. Not all valid cases can go forward.

There have been many cases where an injured person’s case was rejected by many attorneys but was,...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for North Carolina on
Q: Can I file malpractice or civil suit against hospital when they gave me a C-section without consent and after I said no?

I told them no, as did my husband. They breached patient autonomy and did not turn off the medication when I asked. I was badgered constantly from nurses and doctors. This happened in North Carolina.

Ronald V. Miller Jr.
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answered on Apr 4, 2023

If you believe that a hospital performed a medical procedure without your consent or against your wishes, you may have grounds for a medical malpractice lawsuit. I'd be very interested in what the medical records say about what happened.

In a medical malpractice case, you would...
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2 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: Is my obgyn in the wrong? I may lose my job.

Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.

As for...
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1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I filled a claim on negligence malpractice surgery

Yes!I was out patient at Astrium Health care hospital in Almareble N.C. On February 4th 2020, I had surgery on my left eye and my retina was damaged. Now it can't be repaired what can I do about it.

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is possible to file a claim for medical negligence or malpractice in the case of a surgery that did not go as planned. Medical negligence occurs when a healthcare provider fails to provide a standard level of care, and as a result, the patient is injured or suffers harm. If you believe that you... View More

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: My case was dismissed with prejudice because I didn't appear at court. Can I reverse prejudice

I got sick literary the same day and worried I had covid, got test later and it wasn't. Also in minor medical negligence case what: The pleading alleges facts establishing negligence under the existing common-law doctrine of res ipsa loquitur - means. In my case doctor fixed issue but 3 months... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2024

Look into your state’s rule about setting aside judgments for excusable neglect.

3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: If newborn test results are another baby's test because times are wrong and dss takes your child

No dr or nurse ever said baby tested positive only a dss worker. Dss has taken children and the found lab results are at a time when mother and baby aren't even at hospital yet. Results are another newborns. Hired law firm has disregarded found evidence and children have been pushed through to... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2023

This could be a case. If the proper, convincing evidence can be shown, it may be worth pursuing. Consult with experienced attorneys in the state where this occurred.

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1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I sue for not being sedated for a procedure?

In cataract surgery one remains awake but is heavily sedated. I was told take this would be done, but they never sedated me. They wrapped both arms (including my IV access) and restrained me. I exclaimed more than once that I had not been sedated, Still, they drilled into my eye causing severe... View More

N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

First, I am so sorry to hear about this experience.

Yes, you might have a viable claim against the doctor or medical practice. You could search the directory and reach out to attorneys about evaluating and handling your case. (This page is only for Q&A's, not for connecting with...
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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: A doctor refused to do an xray, turns out my 2 year old bas a broken bone in leg.

My daughter (2) had an accident on trampoline. We took her to wakemed urgent care after calling to confirm they do xrays. The complaint we advised dr. Was, "2 days ago her older brother (7) boucned her too high and when she landed her left leg buckled and immediately started crying. Since she... View More

John Michael Frick
John Michael Frick
answered on May 26, 2023

Given the limited nature of services available at an urgent care facility, I doubt you can successfully recover anything under the facts and circumstances. It is extremely common for an urgent care to refer a patient with a suspected fracture to a hospital ER for diagnosis and an orthopedic... View More

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I was diagnosed as diabetic in 2013 with neuropathy in my feet. What should I do if I think I've been misdiagnosed?

I've recently had tests done and conversations with doctors that suggest I've had a pinched nerve in my back causing the pain in my feet and not diabetic neuropathy.

Joel Gary Selik
Joel Gary Selik
answered on May 9, 2023

Collect your medical records and Consult with experienced attorneys.

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Q: Hey I'm trying to find my mother court/trial report! I was young so I really can't remember what exact year but we sued

Central Carolina hospital in Sanford lee county NC. Her name was Vickie McKoy but she was still married so it might have been Matthews. Our lawyer names were Bain and David McRae. She died Dec 09 1999. I'm thinking we started the lawsuit maybe 2001 2002!? I was only 8 then so if you could... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 22, 2023

Many court records are online. Otherwise you can go to the courthouse where it likely occurred. There are also pay databases that can search court records.

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for North Carolina on
Q: Can a Work Comp patient file a separate Medical Malpractice claim against the WC doctor who caused a secondary injury?

The WC doctor ordered an EMG/NCS test (#1) in September, 2020 with an abnormal study indicating minimal nerve damage at my L5 nerve root which suggested a possible recovery time of 8 weeks from a slip & fall injury.

WC doctor ordered PT in October 2020 where I was placed on a Lumbar... View More

Martha Ramsay
PREMIUM
Martha Ramsay
answered on Sep 14, 2022

Yes, an injured worker can file a separate medical malpractice claim when the doctor is not an employee of the same company. While often referred to as “WC” doctors, they usually are not employed by the company where the worker was injured or the workers’ compensation carrier.... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I experienced medical malpractice in 2018 when I gave birth to my son who is now showing signs of behavioral issues.

I walked into my local hospital ER 28 weeks pregnant. I walked in the ER doors and told the nurse my name, bday, the fact that I was 28 wks pregnant, bleeding and in pain. They were busy but she acknowledged all I said, printed out a wristband an had me sit in the waiting room for 7 hours like this... View More

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. To answer your question, you could reach out to med mal attorneys in North Carolina to discuss in detail. If a law firm felt there could be grounds for a viable case, they... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Could someone tell me what's going on with the hernia mesh lawsuit against Bard

I'm supposed to be part of the law suit. But the lawyer I hired keeps giving me a date further away when I ask about a settlement

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. As a general matter, there are delays being experienced nationwide with many types of cases, largely related to COVID. Without knowing the details of your case, as a general matter, larger multi-district... View More

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I am looking for a lawyer that can help me with a problem with a Dr that did a surgery on my foot and messed it up

He also told us that the plate and the pins that he used did not work properly and he partially removed them. I spoke to one lawyer and he told me I did not have a case and recommended a different surgeon to fix my foot. I called another lawyer and spoke to her and she said that I definitely had a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. You received two conflicting opinions as to the merits of your potential case. It is not uncommon for this to happen. However, your description does point out the fact that one of the firms does not handle... View More

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