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North Carolina Medical Malpractice Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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.)... View 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... View 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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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... View More

Camille Brooks Ibrahim
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... View 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... View More

Peter N. Munsing
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...
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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... View More

Peter N. Munsing
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
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... View More

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