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North Carolina Medical Malpractice Questions & Answers
1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for North Carolina on
Q: Can a Work Comp patient file a separate Medical Malpractice claim against the WC doctor who caused a secondary injury?

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 »

Martha Ramsay
PREMIUM
Martha Ramsay
answered on Sep 14, 2022

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 »

1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I experienced medical malpractice in 2018 when I gave birth to my son who is now showing signs of behavioral issues.

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 »

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2022

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 »

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Could someone tell me what's going on with the hernia mesh lawsuit against Bard

I'm supposed to be part of the law suit. But the lawyer I hired keeps giving me a date further away when I ask about a settlement

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2021

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I am looking for a lawyer that can help me with a problem with a Dr that did a surgery on my foot and messed it up

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 »

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2021

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
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... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 29, 2021

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Where is the defendants eveineds
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2020

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I was prescribed Ativan (Lorazepam) for 3 years. This drug is for short term use. I was found in my home unresponsive.

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 »

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2020

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 »

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Still having pain and swelling in my left knee 6 months after minor surgery for a torn meniscus

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 »

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2020

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: How do I go about suing hospital and/or doctor for using incorrect medical procedure before cutting my finger?

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

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2020

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 »

2 Answers | Asked in Medical Malpractice for North Carolina on
Q: I had a grand Mal seizure,ambulance got to house they had me get up walk outside to get on stretcher I fell down steps

My ankle is swoll & black hurts worse than before.. my other leg is blue & has knots all down front my leg which came from steps... would this be ambulance negligence or what???

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2020

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 »

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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Is a psychiatric inpatient capable of giving informed consent for shock therapy?

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

Denise Anderson
Denise Anderson
answered on Feb 4, 2020

The answer to your question varies based on the state of mind of the patient at the time consent was given.

Informed consent is permission given with the knowledge of possible consequences.

If at the time consent was given the patient was unable to understand the information...
Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: would it be malpractice for a facility to fire a patient without the patients primary drs knowledge,consent,permission?
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2020

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Do I have a lawsuit if doctors didn't realize my 21 month old had a lip tie and now has decay and lack of weight gain?

She now may need crowns and she has had trouble putting on weight.

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2019

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: How long after surgery can a patient sue for malpractice in NC.

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.

Denise Anderson
Denise Anderson
answered on Jul 25, 2019

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Can you sue a doctor for delayed care? It was about 12 hours before giving antibiotics, for a infection after surgery.
Tim Akpinar
Tim Akpinar
answered on Jun 27, 2019

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 »

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: I cut my fingers badly. I went to local Emergency Room. ER Doctor put 2 stitches in one in Each finger, No x-ray.

No referral to a surgeon nothing,

My fingers are numb.

Can I get legal help

Denise Anderson
Denise Anderson
answered on Jun 1, 2019

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 »

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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
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 Personal Injury and Medical Malpractice for North Carolina on
Q: How do I find settlement of law suite against unc hospital I filed
Tim Akpinar
Tim Akpinar
answered on May 5, 2019

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 »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: What is my legal options when my child's doctor has been sitting on a prior-authorization submittal for over a month.

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 »

Peter N. Munsing
Peter N. Munsing
answered on Jan 9, 2019

I would speak calmly to the doctor. Doctors are swamped with paper work and it's tough getting another doctor.

2 Answers | Asked in Business Law, Medical Malpractice and Personal Injury for North Carolina on
Q: If I offer a laboratory testing service for supplments will I be liable for injury as a result of inaccurate reports
Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

You have exposure. That's why you should have adequate insurance.

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