North Dakota Medical Malpractice Questions & Answers

Q: What if your Dr states in your progress notes that he performed an exam that he didn't actually do?

1 Answer | Asked in Medical Malpractice for North Dakota on
Answered on Feb 11, 2018
Peter N. Munsing's answer
At best a "naughty naughty don't do it again."

It certainly isn't malpractice. A violation of hospital policy, possibly of health department regs. But unless there were witnesses generally Dr.'s word rules. And if you make a huge deal about it the patient gets a notation on the chart that indicates "difficult patient" and all the sudden the next opening a doctor has is a year from now.

Q: My fiance' was slipped LSD without his permission. The ER did not run a drug screen is this malpractice?

1 Answer | Asked in Medical Malpractice for North Dakota on
Answered on Jan 16, 2018
Lucas Wynne's answer
As to the criminal charge, which seems to be the larger concern, the issue here is proving that your fiancé was actually given LSD unwillingly. Secondly, proving that your fiancé should be held inculpable due to the influence of the drug is another battle.

What happened at the hospital does not seem to have resulted in any serious tort which caused economic injury.

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.