Charlotte, NC asked in Medical Malpractice for North Carolina

Q: During brain surgery to remove a benign tumor a nurse knocked the skull flap onto the floor.

My surgery was extended by three hours in order to sterilize the piece of skull. My doctor spoke to my husband and explained what happened. Later he also told me. The hospital administration never contacted me. I recovered without any issues. However, I think of the incident daily. Should I pursue legal action? The surgery was in April 2019.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A North Carolina attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, in a claim based on medical malpractice, you would need to demonstrate that you suffered damages that were the result of a medical provider breaching a duty of care owed to you. Despite the delay created by the need to sterilize the piece of skull, medical experts could testify to a jury that your satisfactory recovery evidences an absence of significant and permanent damages. But that's something for a qualified medical opinion - not a quick general speculation in the brief format here. You could reach out to local attorneys to ask their opinions - that would be the best way to address your question. Good luck

Tim Akpinar

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