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North Carolina Medical Malpractice Questions & Answers
Q: Can I sue for negligence after sinus surgery left materials inside?
After undergoing sinus surgery, I experienced months of persistent infections. It was eventually discovered through a CT scan that remnants of posisep and silastic stent material were left inside my sinuses. The surgeon did not inform me beforehand that materials might be left behind, and over a... View More 
Mary Frances Parker
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answered on Jun 2, 2025
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answered on Jun 2, 2025
Like many legal questions the answer is maybe. The first requirement is to have another medical professional with a similar speciality or practice to say that your doctor breached the relevant standard of care. Once that had been satisfied you must show that you have suffered damages- I.e. pain,... View More
Q: what is the difference between suing for medical malpractice and asking for an attorney to artbtrate a case
A surgeon and surgery center told by spouse that they put in the wrong size hip for his total hip replacement. He has missed ten weeks of work and still owes 8,000 dollars on the erroneous surgery and now has to have it redone.
Tim Akpinar
answered on Jan 11, 2025
answered on Jan 11, 2025
A North Carolina attorney could advise best, but your question remains open for a week. Suing means filing a lawsuit in court. It is the traditional route of serving the other side with a summons and complaint, conducting discovery (fact-finding and records-gathering), and proceeding toward trial.... View More
Q: Does a delay of melanoma diagnosis constitute malpractice?
Some details will be light for privacy’s sake.
I have a history of melanoma.
I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation.
I came back 2-3 months later since it wasn’t healing. The... View More
Joel Gary Selik
answered on Dec 27, 2023
answered on Dec 27, 2023
Yes you may have a case.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of medical malpractice cases, the extent of the injuries may affect... View More
Q: Is this a case of medical malpractice if my son was misdiagnosed with a viral infection but later needed a ventilator for pneumonia?
On October 24, 2025, I took my son to the hospital due to concerns about pneumonia and his breathing difficulties. I requested an X-ray, but was told it was just a minor viral infection. His medical records indicated he was overall well, with no respiratory distress documented. The doctor only... View More
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James L. Arrasmith
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answered on Oct 29, 2025
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answered on Oct 29, 2025
What you describe may qualify as medical malpractice, especially if the doctor failed to meet the standard of care in diagnosing and treating your son. In cases like this, the key question is whether a reasonably competent physician would have taken additional steps—such as ordering an X-ray,... View More
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Medical Malpractice, Criminal Law, Civil Litigation and Personal Injury
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Q: How can I get legal representation for medical malpractice by Dr. Heider in North Carolina?
I believe I am a victim of medical malpractice by Dr. Heider in North Carolina. He left medical objects inside me during a procedure, did not follow proper screening or protocol, which resulted in me falling sick and eventually becoming septic. I have medical records documenting the emergency... View More
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James L. Arrasmith
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answered on Oct 26, 2025
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answered on Oct 26, 2025
Begin now by preserving every piece of evidence and moving within North Carolina’s strict filing deadlines. Obtain complete records and imaging from every provider, keep the removed items and any photos in sealed custody, and write a dated timeline of symptoms, procedures, and communications.... View More
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Medical Malpractice, Personal Injury, Wrongful Death and Health Care Law
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Q: Seeking legal advice on hospital communication and care failures leading to partner's death in NC.
I am seeking legal guidance regarding the treatment and communication failures at a hospital in North Carolina. My partner, who had congestive heart failure, was hospitalized multiple times since June 2025, with diminishing quality of care. There was a severe lack of communication among hospital... View More
Christopher Adkins
answered on Oct 16, 2025
answered on Oct 16, 2025
I’m very sorry for your loss. What you describe raises serious questions about medical negligence, communication failures, and possible wrongful death. In North Carolina, hospitals and providers have a legal duty to meet the accepted standard of medical care and to keep families informed when... View More
Q: Can I seek compensation from an unlicensed surgeon for deceit after oral surgery?
I recently had my teeth extracted by someone I thought was a licensed oral and facial surgeon. I later discovered, by checking the North Carolina State Board of Dental Examiners, that this individual has been unlicensed since 2020. The procedure took place on 10/8/25 at an oral and facial surgery... View More
Christopher Adkins
answered on Oct 16, 2025
answered on Oct 16, 2025
If the person who performed your oral surgery was not licensed, that is a serious issue and could involve both civil and criminal violations. You may have several options for reporting and seeking compensation.
Confirm licensing status.
Check again with the North Carolina State... View More
Q: Can I pursue a case for surgery delay and miscommunication causing severe health issues?
I initially sought treatment for severe neck instability and nerve compression, and after a 7-month delay, I experienced uncontrolled body movements, altered mental states, and repeated ER visits. Despite these symptoms, my surgeon assured me that they were not related to my neck, which he stated... View More
Christopher Adkins
answered on Oct 16, 2025
answered on Oct 16, 2025
What you describe may support a medical malpractice or negligence claim, but these cases are complex and depend heavily on expert medical review. Under North Carolina law, you must prove that the surgeon failed to meet the accepted standard of care and that this failure caused your injuries or... View More
Q: Could missed CT scans be medical malpractice after kidney cancer surgery?
My husband had kidney cancer and underwent surgery in 2020. His previous urologist advised annual CT scans of the lungs and abdomen for 5 years, as lung metastasis is common. After moving to North Carolina, our new family physician, despite having received a letter from the former urologist, only... View More
Christopher Adkins
answered on Oct 17, 2025
answered on Oct 17, 2025
I’m very sorry for your loss — what you describe is heartbreaking, and your question is an important one. Yes, based on what you’ve shared, this situation could potentially qualify as medical malpractice in North Carolina if the family physician’s failure to order the recommended CT scans... View More
Q: Incident at plasma center resulted in arm pain and considering legal action for damages. Options?
I recently had an incident at a plasma center where the needle wasn't properly inserted, resulting in a change of arms. During the process, the hose got caught on scissors, pulling the needle out and causing my blood to be lost in the machines. Since then, I've been feeling weak and have... View More
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James L. Arrasmith
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answered on Sep 11, 2025
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answered on Sep 11, 2025
You may have grounds to pursue a claim for personal injury if the incident at the plasma center caused you physical harm, pain, or lasting effects beyond what would be expected from a routine donation. To start, document everything: your symptoms, medical visits, treatments, lost wages, and any... View More
Q: Can I sue if a doctor dropped me as a baby, resulting in a broken arm?
I have a situation where a doctor dropped me when I was a baby, resulting in a broken arm. Although it happened many years ago, I have some evidence related to the incident. I'm wondering whether there might be a case or any legal action I should consider. Can you provide any guidance or steps... View More
Tim Akpinar
answered on Sep 1, 2025
answered on Sep 1, 2025
A North Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. In many states, the statute of limitations is tolled (clock stops ticking to bring legal action - in other words, gives plaintiff more time) for infants until they reach... View More
Q: Dentist numbed wrong side, severe pain during procedure, jaw pain since July. No response from office.
I recently had a dental procedure for an extraction and filling. The dental assistant numbed the wrong side despite my instructions. When the dentist came, she attempted to numb the correct side, but it didn't work properly. During the procedure, I experienced severe pain but was unable to... View More
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James L. Arrasmith
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answered on Aug 30, 2025
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answered on Aug 30, 2025
What you experienced sounds very concerning, especially since you were in pain during the procedure and your signals were ignored. A dentist has a duty to ensure proper anesthesia and to stop if a patient is showing clear signs of distress. Continuing despite your discomfort, combined with numbing... View More
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Medical Malpractice, White Collar Crime, Personal Injury and Criminal Law
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Q: What to do about forged consent for allograft and anesthesia?
I discovered that my name was forged for an allograft and anesthesia procedure, and I was not informed about these procedures beforehand. What actions can I take to address this forgery?
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James L. Arrasmith
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answered on Jul 12, 2025
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answered on Jul 12, 2025
This kind of forgery is serious and may involve both medical malpractice and criminal conduct. If you never gave informed consent for the allograft or anesthesia, and someone signed your name without permission, you have a right to pursue legal and administrative action.
Start by requesting... View More
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Medical Malpractice, Gov & Administrative Law and Personal Injury
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Q: Loopholes in NC Rule 9 for malpractice involving a non-resident with Small Bowel Obstruction.
I'm seeking potential loopholes in Rule 9 of the North Carolina statute concerning a malpractice case against a non-resident. The case involves a non-resident who has suffered from a Small Bowel Obstruction. Although he refused one treatment, he was never offered a second treatment or... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
If you're pursuing a malpractice claim under North Carolina law, Rule 9(j) could be a major hurdle. This rule says you have to get a qualified medical expert to review the care and confirm it didn’t meet accepted standards—before you can even file the complaint. If that’s missing, the... View More
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Health Care Law, Medical Malpractice, Personal Injury and Libel & Slander
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Q: Seeking legal action for breach of confidentiality by hospital employees discussing my father's condition in ICU.
I am considering legal action because I believe there was a breach of confidentiality at the hospital where my father was in the ICU on Friday and Saturday. Two respiratory therapists discussed his medical condition loudly in a hallway, stating they knew he was a 'goner' due to a blood... View More
Tim Akpinar
answered on May 14, 2025
answered on May 14, 2025
A North Carolina attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your father. You're correct; it is a breach of confidentiality, as well as insensitive to a family, and indiscreet. I don't imagine that the hospital will be... View More
Q: Misdiagnosed with lupus, now have rheumatoid arthritis. What steps to take?
I was misdiagnosed with lupus back in 2018 and recently found out that I actually have rheumatoid arthritis. I discovered this when I went to a new doctor last week, and since then, I have been depressed and scared. I haven't taken any actions yet. My health records reflect the initial lupus... View More
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James L. Arrasmith
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answered on Apr 14, 2025
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answered on Apr 14, 2025
I can understand how overwhelming this situation must be, especially after receiving a misdiagnosis and now learning that you have rheumatoid arthritis. The first thing you should do is ensure that your new diagnosis is accurately reflected in your medical records. It might help to request a full... View More
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Civil Rights, Medical Malpractice and Gov & Administrative Law
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Q: What are my friend's rights while admitted to a hospital regarding police searches and leaving treatment?
My friend went to the hospital for treatment of a skin infection and was admitted. On his second day, he became momentarily unresponsive in the bathroom but quickly regained consciousness. After this incident, he found himself restricted to his bed with an alarm to monitor his movements, and... View More
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James L. Arrasmith
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answered on Mar 26, 2025
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answered on Mar 26, 2025
Your friend has important rights even while admitted to a hospital. Hospital patients generally maintain their Fourth Amendment protection against unreasonable searches, meaning police typically need a warrant, probable cause, or your friend's consent to search his belongings. Without these,... View More
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Appeals / Appellate Law, Civil Rights, Personal Injury and Medical Malpractice
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Q: Civil Rights Violations in Multiple Involuntary Commitments
I seek guidance on addressing civil rights violations from 12 involuntary civil commitments (IVCs) in North Carolina, 10 within five months. In 11 cases, I was denied proper notice and legal representation, violating N.C. Gen. Stat. § 122C-264(a) and § 122C-268(d). The one time I had counsel, my... View More
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James L. Arrasmith
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answered on Oct 20, 2024
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answered on Oct 20, 2024
I'm sorry you're experiencing this challenging situation. Start by collecting all documents and records related to each involuntary civil commitment. This evidence will be essential when consulting with an attorney who has experience in mental health and civil rights cases.
To... View More
Q: what lawyer do i need if the doctor didnt remove everything that was supposed to be removed
Had to have a major surgery after to remove the rest and ended up being a hysterectomy
Joel Gary Selik
answered on Sep 7, 2024
answered on Sep 7, 2024
It would be a medical malpractice attorney.
The viability of a case will depend on what was left, the reasons for it, and what harm was caused.
Q: Do I have a claim for not being watched by the nurses in the hospital after surgery for amputation and fell broke hip?
I live in NC, and it happened in Texas
Gail N. Friend
answered on May 3, 2024
answered on May 3, 2024
I would suggest a medical malpractice attorney free consultation to obtain additional information .
You man contact my office, 1-888-352-0726 Or my direct number is 713-256-6524
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