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...Read more »
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... Read more »
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....Read more »
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... Read more »
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...Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
A North Carolina attorney could answer best, but your question remains open for two weeks. If you have an attorney, they would have it if your case reached the discovery stage. Your attorney would have made requests for materials (that will become evidence) from the opposing party(s) and would also...Read more »
I ended up in two separate mental health facilities. I was hit in the head by another patient at the second facility. A police report was filed, although I never got the opportunity to speak with the police. My husband had to threaten to contact the news to be able to see me. I want to sue the... Read more »
I'm sorry for your ordeal. This is something that a North Carolina attorney could advise best on, but your post remains open for two weeks. A first step here might be to reach out to an attorney to discuss the matter in detail. If they felt you might have a good basis for a case(s), they could...Read more »
I was completely functional prior to a torn meniscus in October 2019. Had a normal X-ray in the ER, followed by an ortho appointment, MRI, then surgery to ”remove the torn edges” of the medial meniscus. In February I was still having considerable pain and swelling, a 2nd MRI revealed bone... Read more »
I'm sorry for your ordeal with your pain. A North Carolina attorney should advise you, but your post remains open for three weeks. It isn't fully clear what the question is, but it looks like you suspect something was done wrong in your medical care. If that's the case, you could try...Read more »
I was seen at one hospital for infection in the finger the dr was moving very quickly and didnt use proper cleaning/sanitation on me nor the medical instruments used! Which has caused far more damage and as resulted in the amputation of my finger
The first thing you could do is to contact a North Carolina med mal attorney to discuss what happened in further detail. If they felt you had the basis for a case, they could request your records and review them with a medical professional. Most attorneys in this area of practice offer free initial...Read more »
To meaningfully answer your question, you would probably need to discuss the matter with a Tennessee attorney in detail. It's difficult to provide a reliable response based on these brief facts. An attorney would have additional questions as to exactly what happened, where the personnel were,...Read more »
I am his legal spouse - He has not contacted me and the drs/nurses will not give me any information. I saw on his online chart that he is scheduled for ect in a few days. I feel he is not rational enough to consider the pros and cons of this procedure
No, not on its face, as a general matter. Your question remains open for two weeks and you could consult with a North Carolina attorney for any state-specific health care law that would apply. It could be, but each case can be fact-specific. When a hospital medical staff makes the determination to...Read more »
It's difficult to say based on these brief facts. You could contact a North Carolina attorney, and if they felt there was a possibility of demonstrating causality between the failure to diagnose and the symptoms you describe, they could request the file and review the records with a medical...Read more »
I had knee replacement in Nov 2017 and when I was given a spinal (which I was aware I would get) a nerve in my back was hit, leaving both legs and feet affected and seeming no hope of it getting better.
The standard time frame to sue for medical malpractice cases in North Carolina is three 3 years from the date the incident occurred. The referenced time frame is not applicable to every medical malpractice cases. If you are not sure how to calculate the three years time frame from the date...Read more »
It would be difficult for a North Carolina med mal attorney to give you a legal opinion based on these limited facts. It's likely they would want to review the medical file and consult with their medical support staff or outside experts, depending on the complexity of the surgery. As a...Read more »
An emergency room doctor is normally trained to assess the extent of cuts or injuries and determine the correct treatment. A referral to a surgeon is not normally done for every cut and injuries to a finger; a referral is done if warranted based on the extent of the cut. Likewise, X-rays are not...Read more »
I was taken to the emergency room by ambulance a few days ago after going to urgent care with extreme abdominal/lower abdominal pain and intense vomiting. After 6 1/2 hours with no IV, no fluids, a CT scan, and an ultrasound; I was told that there were abnormalities in my left ovaries and fluid in... Read more »
A person can have legal grounds to sue the hospital, but the important factor is whether the lawsuit will be successful. Based on the facts you provided you would likely not be successful against the hospital because the symptoms you outlined do not rise to adequate damages for a successful claim....Read more »
If the hospital assigned a defense firm to your case, you could contact them and ask for copies of the closing papers. If the hospital handled the matter without outside counsel through their in-house claims department, you could see if they have closing papers (settlement letters, releases, etc.)...Read more »
The office manager at this location has had all the required information to submit the prior authorization application to our insurance company since December 5. As of today (January 3), they have yet to file the paperwork. My son is in tremendous pain due to PA flares but cannot get the medicine... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.