Carolina Accident Lawyers

North Carolina Medical Malpractice

North Carolina Medical Malpractice

Charlotte NC Medical Malpractice Lawyer

The North Carolina Medical Board announced that a doctor had their license  pulled on Monday following accusations of prescribing patients dangerous amounts of narcotics for over six years.

The eleven page report shows that three of the doctors patients had died, all receiving extremely high doses of narcotics prescribed by this doctor.

“The board takes matter like this very seriously and the action, the summary suspension is a very serious action.  It’s basically an emergency action.  It takes the licensee out of practice immediately,” said Dena Konkel with the North Carolina Medical Board.

The concern with the doctor started in 2006, according to a report out by the NC Medical Board when they ordered him to take a prescribing course after allegations he prescribed medications to people buying and selling drugs along with people who have died from overdosing.

Again in 2008, another investigation against the doctor ensued, finding that the doctor had still not gotten things in order at his practice. At this time the board sat down with the doctor, reviewing options for his continued negligent behavior.

It was not until this year along with the reports of three deaths of that doctors patients that the license was actually pulled by the medical board.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Commonly Used Defense Strategies in Charlotte Medical Malpractice Cases

Charlotte NC Medical Malpractice Lawyer

In medical malpractice cases, the doctors and hospitals accused of injuring patients through negligent care often use a few similar legal strategies. Below are some commonly used tactics that you should watch out for.

They Blame You

Your Charlotte medical malpractice attorney will know that many medical malpractice defenses will argue for contributory negligence. The defense may say that even if they were partly at fault for your injury or condition, you also are partly to blame as well. This may negate part or all of the defense’s liability for your injury. When these cases involve doctors, it is not unheard of to allege that you failed to obey your doctor’s orders and caused or exacerbated the injury.

Playing the Waiting Game

Most criminal and civil charges have time limits, or statutes of limitations. Your Charlotte medical malpractice attorney will know the state-specific laws that set out the time frame that your claim must be made within. Though time may have expired on your medical malpractice claim, there are special exemptions. For example, the Discovery Rule allows you to bring your claim after the time limit if you had only recently discovered the injury or damage done. Upon discovery, you must make your claim within 6 months for it to be valid. A Charlotte medical malpractice attorney will know the statute of limitations for your specific claim so if you are concerned about time having elapsed contact a Charlotte medical malpractice attorney today.

Claiming Immunity

There are certain legal immunities that are available to some medical organizations. These immunities can be for charity, government, or regulatory purposes. Due to the lobbying system, powerful medical agendas have obstructed the reform of medical torts and have made the process for obtaining restitution more difficult. In some cases, there are maximums to the amount of money you may be awarded, depending on your injury. Your Charlotte medical malpractice attorney will be well versed in the latest legal decisions that may affect your path to compensation.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Negotiating a Settlement in Your Medical Malpractice Case

Charlotte NC Medical Malpractice Lawyer

Your Charlotte medical malpractice lawyer will need to evaluate your case before he can give you a ballpark idea of the size of settlement you may be able to receive. Medical malpractice cases do not always settle for the exorbitant amounts you hear about in the news.

How Case Value Is Determined

Numerous factors can affect case value, including the degree to which the defendant was negligent and cost to you—medical treatment, loss or wages, etc. Medical malpractice claims are often built up somewhat with pain and suffering demands.

 The Initial Demand Figure

When your lawyer makes the initial demand to the defendant’s insurer/lawyers, you should not expect that this will be the actual sum of final settlement. Generally negotiations over medical malpractice settlements are somewhat like buying a used car. The seller has an asking price, the buyer offers less, and hopefully they come to an agreement somewhere in the middle.

 If the Initial Demand Is Very High

Given the above, it might seem logical that your Charlotte medical malpractice lawyer set the initial demand figure artificially high. This tactic never works. The insurance company will in almost all cases reject the figure altogether, or not even respond to the demand at all. From the perspective of an insurance company, receiving such a demand signals an unwillingness to negotiate a reasonable settlement. The insurer will generally return by holding out for a trial. Such a tactic, then, can significantly delay settlement, and even backfire on you and your lawyer.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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What Jurors Want in Charlotte Medical Malpractice Cases

Charlotte NC Medical Malpractice Lawyer

A qualified Charlotte medical malpractice attorney will be familiar with the nuances of jury expectation and predisposition at trial. The attorney will apply his or her knowledge of in presenting a case that best persuades to the jury.

 Observing Medical Malpractice Cases

Medical malpractice lawyers have observed juror tendencies by relying on tools such as post-trial juror interviews and mock trials. Through their research, they have discovered several strategies and arguments that will win over the greatest number of jurors at trial. Listed below are some of the jury penchants the Charlotte medical malpractice attorneys have discovered and will take into account when your case goes to trial:

 1. Jurors usually have more anti-plaintiff biases than anti-defendant biases.

A plaintiff and the defendant in a medical malpractice case each have a fair chance of winning a favorable verdict from the jury. But the injured plaintiff enjoys an advantage in that jurors generally tend to regard doctors and other medical professionals in high esteem, which might be enough to tip the scales in their favor in a close case.

 2. Jurors’ opinions about doctors in a malpractice case can be significantly influenced by their opinions about their own doctors.

Jurors who implicitly trust their doctors to the point of almost never seeking second opinions on diagnoses are more likely to find in favor of the defendant. Meanwhile, jurors who frequently switch primary care physicians and regularly seek second and even third opinions are more likely to find in your favor.

3. Jurors distrust paid medical experts with a history of testifying for one side or the other.

Jurors are suspicious about medical experts who are frequently hired to testify only by the plaintiffs or only by the defendants. Jurors understand that these experts may have an incentive to selectively interpret facts to bolster someone’s preconceived opinions, so they will place more faith on an expert who is demonstrably objective and had testifies regularly for both sides. Your Charlotte medical malpractice attorney may thus seek medical professional with a balanced history of testifying for both sides for your case.

 4. Jurors want to be educated.

Decision on the medical malpractice cases are often based on medical evidence that might be expressed in terminology that is unfamiliar to the typical juror. Charlotte medical malpractice lawyers who properly inform the jurors and explain complicated medical subjects using simple terminology and detailed examples will likely perform better in trials than those who use advanced medical jargon in an attempt to impress the jury.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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The Difficulties Surrounding Medical Malpractice Claims

Charlotte NC Medical Malpractice Lawyer

Medical negligence (which is also known as medical malpractice) generally happens when an entity or individual that is providing health care fails to follow the governing standards of care when administering such treatment to a patient, thereby causing the patient to be injured.  Practically any Charlotte medical malpractice attorney will tell you that medical malpractice can result from the action or inaction of any medical practitioner, some examples of which include the misdiagnosis or failure to diagnose a medical condition or disease, the failure to properly treat a medical condition, and unreasonable delay when treating a diagnosed condition.

Medical Malpractice Actions

Claims of medical malpractice can be brought by the injured individual against any liable licensed health care provider, to include physicians, counselors, psychotherapists and psychologists.  Whenever negligence takes place, the injured individual or family is not typically informed of the mistake.  That is why you need to have the help of a Charlotte medical malpractice attorney who can go over the medical records with the assistance of medical experts in order to figure out whether or not the standard of care was followed.

When medical malpractice harms an individual or causes that person’s wrongful death, the patient and/or family are entitled to recover from the hospital’s or a physician’s medical malpractice insurance.  Most patients who believe that they were harmed want to find out how it actually happened.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Bacterial Contamination from Pharmacy Robots

Charlotte NC Medical Malpractice Lawyer

There is a significant rise in hospitals around the country that have begun implementing the use of robotic drug dispensers to prepare intravenous medications to be administered to patients, in a sterile environment. When there is a risk of contamination of the intravenous medication, a patient could be at a high risk for infection. Contamination is exactly what researchers found when they inspected one of these robotic drug dispensers at a hospital.

The contamination was found during a routine screening at Wake Forest Baptist Medical Center in North Carolina. The hospital staff was conducting an inspection of the robotic drug dispensing machine, and found cultures of Bacillus cereus bacteria in the dispenser. This is believed to be the very first time that there has been a known contamination of these robotic drug dispensers.

Fortunately, the researchers were able to conduct an inspection, based on quality assurance measures that were developed by the manufacturer of the robot. The contamination was found before it resulted in dangerous infections.

These dispensers are used to prepare intravenous medications that are administered to a patient through their IV line. Contamination in the dispenser can therefore contaminate the intravenous drug, and this medication, including the germs, can be delivered directly into the person’s bloodstream. These are extremely deadly infections that have high fatality rates. Any person who is diagnosed with a blood stream infection is at risk for developing pneumonia and sepsis, and the symptoms could begin to worsen quickly.

Researchers have looked into why the robotic drug dispensers were contaminated, and found that the manufacturer’s cleaning and sanitization guidelines were inadequate. They found that the contamination of the dispenser was linked to the washing station, and tubing. This part of the robot is not considered a sterile section, and therefore, the manufacturer did not give any instructions about the inspection of the washing station and tubing. The manufacturer however, did recommend regular cleaning with alcohol to sterilize inaccessible parts. However, as this contamination shows, these practices may not be sufficient to adequately sterilize the dispenser.

Medical technology companies are introducing a number of devices that make healthcare processes more efficient, and save resources. However, many times, these products are introduced into the market without proper research, and testing. Patients are possibly at risk of medical injuries and infections when manufacturers don’t include the instructions of sterilization, and maintenance of these devices.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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