Angier, NC asked in Health Care Law and Medical Malpractice for North Carolina

Q: Before giving birth to my daughter, there was no record of me at ANY hospital. Is this medical malpractice?

I went to the emergency room twice for labor pains and contractions on June 25th 2016. The first time I went they told me that I didn't have any medical records at ANY hospital and no lab records either. The health department in my county didn't set me up with a pediatrician for my child either and she was born 1 and a half months early with low birth weight, which was 6lbs. The doctor that ended up delivering my daughter told me that was malpractice. Is this true?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: He means bad practice.As its a county health department they are not in a doctor patient relationship and can't commit malpractice. Under some circumstances it could be actionable but I don't see it here. Moreover I'm not heraring there were problems because of the prematurity, so there isn't anything to sue about--you don't get to make a claim for what could have happened, only what did happen. However to cover all bases why not get a consultation with a member of the NC Trial Lawyers Assn--they give free consultations.

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