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North Carolina Medical Malpractice Questions & Answers

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.

Timur 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 starting... 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 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 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

Timur 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 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 answered on Oct 28, 2018

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

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1 Answer | Asked in Medical Malpractice for North Carolina on

Q: Settlement or not?

I have an ongoing med mal case. After a demand letter and all medical records were sent to the Dr’s insurance adjuster, the Adjuster forwarded my case to an attorney for review. This attorney’s office sent a letter requesting more medical records. I’m just wondering if since the adjuster sent... Read more »

Camille Brooks Ibrahim answered on Aug 2, 2018

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,... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on

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

Levofloxacin has severe and major side effects, and for this reason the FDA says not to prescribe it for sinusitis because the potential side effects outweigh any benefit when the infection is minor. The most common major side effects are Peripheral Neuropathy which is chronic and can be... Read more »

Peter N. Munsing answered on Jan 17, 2018

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...
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1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on

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

my mother was in the hospital and her heart stopped sometime in the middle of the night or in the morning they did not realize it until they went to bring her medicines that morning, they didnt have the volume turned up on the vitals monitoring machine to be alerted if something was wrong, they... Read more »

Peter N. Munsing answered on Sep 5, 2017

Next step is contact a member of the NC Assn for Justice who handles medical cases--they give free consultations.

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on

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

Stephen Douglas Lombardi answered on Aug 31, 2017

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... Read more »

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1 Answer | Asked in Elder Law, Insurance Bad Faith, Insurance Defense and Medical Malpractice for North Carolina on

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 was a bartender/server for 30 yrs. 10 yrs ago l was prescribed methadone for a medical condition not related to addiction & didn't need to work. Now, I'm fighting an addiction, and on a fixed income @ 62 yrs old. I'm in recovery & don't dare take the chance of being in that type of environment. I... Read more »

Peter N. Munsing answered on Jun 30, 2017

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... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on

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

Is it legal for an RN, with an unlimited license, to tell other staff that a co-worker has a mental illness after a social worker from a separate agency told her that this coworker has a mental illness, but that person has not been evaluated by a psychologist?

Peter N. Munsing answered on Apr 24, 2017

The Social worker is violating ethical rules; nurse shouldn't be spreading it around,but not illegal.Just tacky.

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 Medical Malpractice for North Carolina on

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

I repeatedly expressed my concern to my OBGYN office to make sure I have no STDs. I asked to be tested for all STDs and went in about 4 times since then with any unusal concerns to be checked out. "Everything was OK." This was over a course of 6 months. I was concerned that I may have had... Read more »

Peter N. Munsing answered on Nov 11, 2016

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.

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 Medical Malpractice for North Carolina on

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

Now I'm told that I will be permanently handicapped for life what can I do

Peter N. Munsing answered on Oct 3, 2016

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.

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 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.

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on

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

When I was in the hospital with my baby girl right before going into labor they gave me a morphine shot. The nurse told me she had to make sure she put the needle in the right spot so she wouldn't cause muscle damage. I believe she did because 9 months later it still bothers me. When I jog or... Read more »

Peter N. Munsing answered on Aug 16, 2016

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.

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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 »

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