Medical malpractice means the doctor, or other health care provider, acted below the standard of care, and that breach of the standard of care caused harm. This generally must be determined by an expert in the appropriate health care field to review the information and provide their analysis.
My original CAT scan showed my appendix was still intact. I waited between 8-12 hours for my surgery to take place even though they knew I was having pain for 3 days previously & there was a chance my appendix could perforate. It did & I had a bad gangrenous infection & had to stay in... View More
Yes it is possible this is malpractice. Another doctor would need to review the records and determine if the health care providers breached the standard of care in the delay and if that delay caused your damages. Additionally, the nature and extent of your harm will determine the viability of a...View More
I had surgery on my thumb CMC joint on February 22, 2023. My surgery in the joint went well. However they placed me in a cast for a month after my surgery. I emailed my doctor twice that my cast was too tight and my fingers were swollen and I was in constant pain. The doctor had me go for a cast... View More
You may have a valid medical malpractice case. Another doctor would need to evaluate what was done to see if the doctors acted below the standard of care and if their malpractice is what caused your damage. Consult with an experienced medical malpractice attorney in the state where this occurred.
I'm sorry for your injury. Your rights would depend on whether there was a departure from the medical standard of care that a court would apply in your jurisdiction. A scar, in and of itself, is not conclusive evidence of an error if it was the best that could be done under the circumstances....View More
If you believe that a hospital performed a medical procedure without your consent or against your wishes, you may have grounds for a medical malpractice lawsuit. I'd be very interested in what the medical records say about what happened.
In a medical malpractice case, you would...View More
Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and... View More
In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.
It is possible to file a claim for medical negligence or malpractice in the case of a surgery that did not go as planned. Medical negligence occurs when a healthcare provider fails to provide a standard level of care, and as a result, the patient is injured or suffers harm. If you believe that you...View More
No dr or nurse ever said baby tested positive only a dss worker. Dss has taken children and the found lab results are at a time when mother and baby aren't even at hospital yet. Results are another newborns. Hired law firm has disregarded found evidence and children have been pushed through to... View More
In cataract surgery one remains awake but is heavily sedated. I was told take this would be done, but they never sedated me. They wrapped both arms (including my IV access) and restrained me. I exclaimed more than once that I had not been sedated, Still, they drilled into my eye causing severe... View More
First, I am so sorry to hear about this experience.
Yes, you might have a viable claim against the doctor or medical practice. You could search the directory and reach out to attorneys about evaluating and handling your case. (This page is only for Q&A's, not for connecting with...View More
My daughter (2) had an accident on trampoline. We took her to wakemed urgent care after calling to confirm they do xrays. The complaint we advised dr. Was, "2 days ago her older brother (7) boucned her too high and when she landed her left leg buckled and immediately started crying. Since she... View More
Given the limited nature of services available at an urgent care facility, I doubt you can successfully recover anything under the facts and circumstances. It is extremely common for an urgent care to refer a patient with a suspected fracture to a hospital ER for diagnosis and an orthopedic...View More
Central Carolina hospital in Sanford lee county NC. Her name was Vickie McKoy but she was still married so it might have been Matthews. Our lawyer names were Bain and David McRae. She died Dec 09 1999. I'm thinking we started the lawsuit maybe 2001 2002!? I was only 8 then so if you could... View More
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... View More
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....View More
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... View More
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...View More
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...View More
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... View More
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...View More
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... View More
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...View More
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...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.