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North Carolina Health Care Law Questions & Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on

Q: If the ER didn’t inform me of, or treat me for, a medical condition I have do I have legal grounds to sue the hospital?

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 »

Denise Anderson answered on May 19, 2019

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 »

1 Answer | Asked in Family Law and Health Care Law for North Carolina on

Q: State of NC here, Quit my job to take care of father in law can I charge & invoice family for my services?

Amanda Bowden Houser answered on Mar 30, 2019

Yes, you can but they have no obligation to pay you unless they agreed to do so.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for North Carolina on

Q: My employer keeps asking me to quit because he said i was a health risk and isnt paying me right. Do I have a case?

they have messed up my paycheck since i started i get paid 15 hrly but one paycheck says 14.99 and its like they are not trying to pay me the overtime im owed, ive been going to the doctor for a medical reason regarding me working for the employer but he sees me as a health risk and he wants me to... Read more »

Kirk Angel answered on Jul 11, 2018

If your employer is not paying you the promised wage, and has not notified you in writing that the promised wage changed, then you can file a claim for the unpaid portion. In this case it appears that would be one cent.

In general, just talking to you about resigning or even encouraging you...
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1 Answer | Asked in Family Law, Consumer Law and Health Care Law for North Carolina on

Q: my boyfriend ordered a DNA test online and we later found out it was a scam and they falsified results

a doctor signed the results can they get in legal trouble

Amanda Bowden Houser answered on Nov 2, 2017

Sure if you can prove it and have the funds to locate and undertake a suit against them and / or can find some group or agency willing to go after them in a civil and / or criminal capacity on your behalf. Best of luck.

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on

Q: I work for a Hospital. They require me to get my Notary and sign and notarize involuntary commitment papers on patients.

I do not feel comfortable having my signature or a Notary stamp on involuntary committed patients because your Notary is public information and this could come back to haunt/hurt me.

Kirk Angel answered on May 22, 2017

The law in this state is clear that you cannot be forced to sign or notarize those papers. The law is also clear that your employer can fire you if you refuse to sign or notarize. It is a tough situation, but you must decide whether you want to keep your job.

1 Answer | Asked in Employment Law, Libel & Slander and Health Care Law for North Carolina on

Q: I live in NC and want to know if I can sue my employer and an RN. I have asked this question before but apparently..

I have not made myself clearly understood. I offended a case manger at a provider agency. She retaliated by going to my employer and telling her that i am scizo. This case manger had a BS in business administration and had worked her way up to case manager status at a local LME. Everything with my... Read more »

Kirk Angel answered on May 8, 2017

These are all very complex issues and we can only give you general guidance in this forum. Having said that, sure, it might be possible to have a legal claim.

You might be able to sue the case manager for defamation if she made a false statement of fact (not opinion) about you, the...
Read more »

1 Answer | Asked in Employment Law and Health Care Law for North Carolina on

Q: Should I voluntarily surrender my RN license?

I'm a RN licensed in NC. Have an allegation against me for possible drug diversion. I have a prescription for the drug they wanted to test me for - so I refused the drug screen and quit my job, trying to protect my license- knowing it would be positive and not knowing what was going to happen to my... Read more »

Kirk Angel answered on May 8, 2017

I have been representing nurses, and other licensed professionals, who are facing discipline for many years now. I can tell you that is a complex question, the answer to which will depend on a number of different factors. Your best bet is to set a consultation with an experienced attorney to... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on

Q: In the state of NC can a person with a master's degree psychology diagnose a person with a mental illness?

In the state of NC can a person with a master's degree in psychology diagnose a person with a mental illness? Is a formal evaluation necessary? Must that person be notified that they have been diagnosed with a specific mental illness? Can a person be evaluated without being told that they are... Read more »

Peter N. Munsing answered on Apr 3, 2017

Depends on the circumstances. You don't say if this was in regard to a commitment order, employment, prison situation, or what.

1 Answer | Asked in Health Care Law and Estate Planning for North Carolina on

Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys

Will Blackton answered on Feb 9, 2017

These are two different things with no overlapping power.

Making a durable power of attorney ensures that someone you trust (“an agent”) will be able handle the many practical, financial tasks which arise if you should become incapacitated. A durable power of attorney is designed to...
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1 Answer | Asked in Health Care Law for North Carolina on

Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys

Will Blackton answered on Feb 9, 2017

These are two different things with no overlapping power.

Making a durable power of attorney ensures that someone you trust (“an agent”) will be able handle the many practical, financial tasks which arise if you should become incapacitated. A durable power of attorney is designed to...
Read more »

1 Answer | Asked in Family Law and Health Care Law for North Carolina on

Q: If a citizen is in a hospital in NC and some one has a Florida temp. Emergency Guardianship can they removefromNClegally

A step brother acquired a Temp. Emergency Guardianship after my father had gave me a durable power of attorney! And he kidnapped my father with an ambulance ride back to FL. That he sold my father s car to pay for it had him declared incompasitated and made a ward of a FL. Court! Now they Denied my... Read more »

Amanda Bowden Houser answered on Dec 22, 2016

Early bird gets the worm. You likely should have consulted with an attorney beforehand to possibly have avoided this. Now youse likely gotta travel to Florida and fight this on their home court. While you lost this round likely due to poor planning, keep in mind that the second mouse gets the... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on

Q: Baby has had ear infection for five months doc just kept giving new antibiotics now he has hearing loss

After every new antibiotic I would ask them "shouldn't he be getting better would prolonged infection that's not going away with antibiotics damage his ear" they kept telling me no. Finally I decided to ask to see ent and they are putting tubes but also said he would have hearing loss from the... Read more »

Peter N. Munsing answered on Oct 5, 2016

Possibly. Handling ear infections isn't a situation where you automatically call for tubes or significant problems.

Wait a few months. At one year point get a consultation from a member of the North Carolina Advocates for Justice.They give free consultations. Problem is that it is hard to...
Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for North Carolina on

Q: Can a hospital be held liable for an accident after releasing a patient with relatively high blood pressure?

Patient has no prior history of high blood pressure, and sustained an injury after passing out related to the elevated blood pressure.

Peter N. Munsing answered on Sep 15, 2016

Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.

1 Answer | Asked in Health Care Law, Personal Injury and Criminal Law for North Carolina on

Q: Can anything legally be done about someone sneaking alcohol into hospital patient in liver failure (north carolina).

My brother-in-law is lying to everyone about my sister's condition. The doctor states that she might survive but she can never have alcohol again. The nurses state that he keeps trying to bring in items from home, including medications. In the past, he has brought in miniature bottles of alcohol.... Read more »

Peter N. Munsing answered on Aug 27, 2016

Maybe the family has to have a neutral do an intervention on him? She certainly seems to be enabled. Problem is that as the spouse it's tough to bar him. suggest you discuss this with social workers. If you keep him away will she feel better? Alienated from the rest of you? It's less legal than... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on

Q: Can a nurse you receive prenatal treatment from show up at your house uninvited

Peter N. Munsing answered on Aug 25, 2016

Possibly if she was being friendly and didn't get your boundaries.

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on

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... Read more »

Peter N. Munsing answered on Aug 12, 2016

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... Read more »

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on

Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

Many times patients request refunds because they don't like how something looks or feels. This is very subjective. If the work was done to the standard of care how do you deal with this. Patients sometimes use state boards as a means to extort money from practitioners. How do you avoid this?

Adam Studnicki answered on Feb 12, 2016

Talk to a local health care lawyer. One idea is to address this in a consent form they sign before you provide services.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not...
Read more »

1 Answer | Asked in Health Care Law for North Carolina on

Q: Does Durable Power of Attorney end at death in regards to organ designation in South Carolina?

Catherine E Bruce answered on Oct 8, 2015

In North Carolina, an agent appointed under a Health Care Power of Attorney has the authority to deal with certain after-death decisions such as organ donation. Typically, an agent appointed under a Durable Power of Attorney is not given such authority (his or her authority ends at the death of the... Read more »

1 Answer | Asked in Health Care Law for North Carolina on

Q: I am my mothers power of attorney,my sister is on disability. How do I become her power of attorney?

Rachel Lea Hunter answered on Sep 6, 2013

Who is her? Your post indicates you are already power of attorney for your mother. Just because your sister is on disability does not mean that she is mentally incompetent to handle her affairs or those of her person. It is up to your sister if she is mentally competent as she can make you her... Read more »

1 Answer | Asked in Health Care Law for North Carolina on

Q: My mother had a stroke.I am her medical power of attorney. My sister is disabled,how do I become her P.O.A.?

Rachel Lea Hunter answered on Mar 29, 2013

Medical or financial? Is your sister mentally competent notwithstanding her disability? Where does your sister live?

If your sister lives in NC or GA, I can prepare a medical and/or financial power of attorney for her for a reasonable fee.

If she resides in a state other than NC,...
Read more »

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