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North Carolina Medical Malpractice Questions & Answers
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
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
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... Read more »

Peter N. Munsing
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...
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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
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
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
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
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... Read more »

Peter N. Munsing
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... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: My left arm was injured to mishandling of a CT Scan at ER which left swelling, pain and possible nerve issues. Case?

I have seen a physician at the Radiology dept who suggested my family dr send me to a hand doctor. The tech tried twice to inject something however it burned really bad both times. She tried to find another IV site on same arm again with no luck, and then er nurse got another site on same arm. Had... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 26, 2016

I think this is a duplicate post. Check the other answer. Yes, go to the specialist. If they ask what happened just say that since you went for a CT scan you have had ____________ & your doctor said go to the specialist. If he asks what hapened just say you got stuck with needles several times... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I demand the hospital cover my care for a personal injury that is documented that they caused plus loss wages?

When i went for a CT Scan while being seen for Asthma flare up with no better from 7/6/16 visit at said hospital. I have a history of Pulmonary embolisms an even though previous day labs were ok, the er doctor wanted to do a scan to rule out another Pulmonary embolism, so I already had a iv placed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 26, 2016

You may well have a claim. Suggest you 1) don't discuss your thoughts with other medstaff, as they will not want to be involved and will distance themselves 2)if you go to the specialist try to say what happened as matter of factly NO ADJECTIVES , same reason. You should also contact a member... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for North Carolina on
Q: If my father had been taken seriously, (when he said he could not breathe right), and instead of just being told

that he was FINE, and just needed to GO TO SLEEP, and that he was being discharged to rehab on Monday morning and the paper work had already been sent, if instead an xray had been taken, that would have shown that a blood clot was forming in his throat that was starting to block his airway,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

You need to contact a member of the North Carolina Trial Lawyers Assn who handles medical cases. They give free consultations.

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Should I pursue legal action for misdiagnosis, resulting in unnecess P&S, extended treatment period, scarring, expense?

I was misdiagnosed in JAN 2016 w/Poison Ivy by a PA at a local Derm clinic. It was my first visit to a dermatologist I had an itchy patch on my hands and wrists. I argued that it wasn't like any Poison Ivy I'd ever had and it was JANUARY. The PA insisted it was poison ivy and prescribed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 27, 2016

Possibly--it's not that you don't have a case, just that the amount that would be recovered from the case is less than the costs associated with bringing it. What makes most sense is to discuss it with a local member of the NC Trial Lawyers Assn--they give free consultations. Do not... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: how to deal with medical malpractice or negligence.

I am currently the one that has power of attorney for my brother who is non responsive in a major hosp in NC. There are discrepancies from the transferring hosp to the receiving hosp concerning his case which I will explain if contacted. I have his medical records. He is currently looking at being... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 25, 2016

I suggest you contact a member of the NC Trial Lawyers Assn /Assn for Justice --who handles medical carelessness cases. They give free consultations.

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

Many times patients request refunds because they don't like how something looks or feels. This is very subjective. If the work was done to the standard of care how do you deal with this. Patients sometimes use state boards as a means to extort money from practitioners. How do you avoid this?

Adam Studnicki
Adam Studnicki answered on Feb 12, 2016

Talk to a local health care lawyer. One idea is to address this in a consent form they sign before you provide services.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not...
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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Do I have a medical malpractice case?

Hello, I was recently hospitalized for 25 days following a MRSA infection in my blood resulting in a VATS and Heart Valve replacement surgery. I went to an urgent care first, who told me to rush to the hospital that I was septic. The first hospital I went to told me I had a pulled shoulder and a... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

More information is needed. A local medical malpractice lawyer can investigate the specifics and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: What is my recourse if a medical practice has put my health in danger, discriminated against me by refusing to treat me.

While under a Dr.'s care for athletes foot sustained two bacterial infections. both feet came close to amputation. While under the same Dr.'s care was admitted into the hospital with a 680 blood sugar level which was never diagnosed or monitored. Had I not sort outside help, no telling... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 4, 2015

I would recommend that you go see a medical malpractice attorney in your area.

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