North Carolina Medical Malpractice Questions & Answers

Q: What is my legal options when my child's doctor has been sitting on a prior-authorization submittal for over a month.

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Jan 9, 2019
Peter N. Munsing's answer
I would speak calmly to the doctor. Doctors are swamped with paper work and it's tough getting another doctor.

Q: If I offer a laboratory testing service for supplments will I be liable for injury as a result of inaccurate reports

2 Answers | Asked in Business Law, Medical Malpractice and Personal Injury for North Carolina on
Answered on Oct 28, 2018
Peter N. Munsing's answer
You have exposure. That's why you should have adequate insurance.

Q: Settlement or not?

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Aug 2, 2018
Camille Brooks Ibrahim's answer
Keep in mind that the adjuster does not want to pay a claimant if there aren't clear liability ties. Therefore, an attorney's review is merely a tactic to ensure that they have covered all tracks prior to delaying the claim process. I believe it is in your best interest to retain representation, just to be on the same side.

Q: My wife was prescribed a 14 day supply of 750mg levofloxacin for acute sinusitis. Do we have a case?

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Jan 17, 2018
Peter N. Munsing's answer
Save the drug,wrapping,receipt,box,etc.

Right now it's hard to tell if a) her getting the rx was inappropriate b) what it is that's causing her problems. The FDA does approve it so it's not wrong to prescribe.

Get a referral to an ENT/sinus specialist. Do not get into the above issues and just keep quiet and see what they say.

If her symptoms don't resolve, then contact a member of the NC Assn for Justice who handles product cases.

Q: Hospital's neglect to monitor patient causes brain death, Can you help me build the case?

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Answered on Sep 5, 2017
Peter N. Munsing's answer
Next step is contact a member of the NC Assn for Justice who handles medical cases--they give free consultations.

Q: After getting a prescription filled and taking it I realized the pharmacist gave me the wrong medicine. What is my legal

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Aug 31, 2017
Stephen Douglas Lombardi's answer
I have had two or three of these cases over the past 35 years of practicing personal injury law. The answer to your question is the answer to this question: What happened to you after you took the medicine? Without knowing what happened to you, if anything, there can be no way of advising about legal rights. Obviously you didn't die. But what were your signs, symptoms and need for additional medical treatment. My point is demonstrated by the two people who slip on a two-day old milk spill in a...

Q: My question is how do l get medical ins. in N.C. when I'm on a fixed income & can't work ? I'm inbetween 60-65 yrs old.

1 Answer | Asked in Elder Law, Insurance Bad Faith, Insurance Defense and Medical Malpractice for North Carolina on
Answered on Jun 30, 2017
Peter N. Munsing's answer
Hope you tell your GOP Senators and Congressman about this as they seem to think people like you can just get insurance and need no help. There are "spend down" and other ways if you are "medically needy" of qualifying for medical assistance, but these vary by state. See if there is a patient advocacy center that can help give you information.

Q: In North Carolina, is it legal for an RN, to diagnose a staff member with a mental illness?

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Apr 24, 2017
Peter N. Munsing's answer
The Social worker is violating ethical rules; nurse shouldn't be spreading it around,but not illegal.Just tacky.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Apr 3, 2017
Peter N. Munsing's answer
Depends on the circumstances. You don't say if this was in regard to a commitment order, employment, prison situation, or what.

Q: Can I sue my OBGYN for "you're OK" results, when I wasn't?

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Nov 11, 2016
Peter N. Munsing's answer
Depends if they tested you or not. Also a cold sore can be just that--not all are sexually transmitted herpes. You can only sue for what has happened not what could have happened. Contact a North carolina Associates for Justice member--they give free consults.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Oct 5, 2016
Peter N. Munsing's answer
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 tell for a while if there is a hearing loss and if it's permanent.

Good news is that there is usually a delayed statute of limitations for children. But at one year out, once your child is at...

Q: Had knee surgery done a few months ago, and was given wrong advice from surgeon and now can no longer fully extend knee

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Oct 3, 2016
Peter N. Munsing's answer
Look for a rehabilitation doctor. If the advice was not in the medical records it will be difficult to prove. Contact a member of the North Carolina Advocates For Justice that handles medical cases right now. They give free consultations.

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

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Answered on Sep 15, 2016
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 25, 2016
Peter N. Munsing's answer
Possibly if she was being friendly and didn't get your boundaries.

Q: Can i do a lawsuit for muscle damage from a morphine shot?

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Aug 16, 2016
Peter N. Munsing's answer
Unless you have a medical diagnosis saying what you have and that it's because of the shot and not due to post labor disruption of muscle tone, unlikely. Check with a NC Attorney who handles malpractice to know your rights down there.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 12, 2016
Peter N. Munsing's answer
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...

Q: My left arm was injured to mishandling of a CT Scan at ER which left swelling, pain and possible nerve issues. Case?

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Jul 26, 2016
Peter N. Munsing's answer
I think this is a duplicate post. Check the other answer. Yes, go to the specialist. If they ask what happened just say that since you went for a CT scan you have had ____________ & your doctor said go to the specialist. If he asks what hapened just say you got stuck with needles several times as they seemed to have problems finding a vein. That's it, no more detail unless the doctor specificaly asks for more.

Q: Can I demand the hospital cover my care for a personal injury that is documented that they caused plus loss wages?

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Jul 26, 2016
Peter N. Munsing's answer
You may well have a claim. Suggest you 1) don't discuss your thoughts with other medstaff, as they will not want to be involved and will distance themselves 2)if you go to the specialist try to say what happened as matter of factly NO ADJECTIVES , same reason. You should also contact a member of the NC Trial Lawyers Assn who handles medical carelesness--they give free consultations.

Q: If my father had been taken seriously, (when he said he could not breathe right), and instead of just being told

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Answered on Jul 8, 2016
Peter N. Munsing's answer
You need to contact a member of the North Carolina Trial Lawyers Assn who handles medical cases. They give free consultations.

Q: Should I pursue legal action for misdiagnosis, resulting in unnecess P&S, extended treatment period, scarring, expense?

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Jun 27, 2016
Peter N. Munsing's answer
Possibly--it's not that you don't have a case, just that the amount that would be recovered from the case is less than the costs associated with bringing it. What makes most sense is to discuss it with a local member of the NC Trial Lawyers Assn--they give free consultations. Do not discuss your feelings on any website, social media. It will complicate your care, and if there is a case may cause problems. Sorry, I'm sure you want to vent but vent in private.

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