Document Library
On the page below you can find links to documents, reports, publications and discussions provided by The Law Offices of Thomas Waitt Pleasant, PLLC.
The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.
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Library Categories:
Medical Negligence, Mistakes and Malpractice:
- AAJ' Medical Negligence Primer: Debunking Medical Malpractice Lawsuit Myths [PDF]
Description: For people hurt by doctors, hospitals, nurses and/or surgery and other medical malpractice situations; this "primer" will help shed light on the myths about reforming and limiting people's right to sue doctors, hospitals and other health care givers when those doctors and hospitals make mistakes and hurt or kill people. The insurance and health care corporate lobbies are pushing to limit people's rights to bring medical lawsuits. This also hurts those who need to bring lawsuits against nursing homes or assisted living facilities. - Insurance Industry’s Investment Practices – Not The Legal System – Cause High Malpractice Insurance Costs [PDF]
Description: Americans for Insurance Reform Fact Sheet discussing the true causes of high medical malpractice insurance costs - The Defensive Medicine Myth [PDF]
Description: Americans for Insurance Reform article discussing the myth that health care providers (doctors, hospitals) practice "defensive medicine" because of fear of medical malpractice liability. - The Problem With Medical Malpractice Is The Amount Of Malpractice Itself [PDF]
Description: Americans for Insurance Reform article, "The Problem With Medical Malpractice Is The Amount Of Malpractice Itself" explaining the real cause for medical negligence lawsuits. - Editorial on Starting Over on Bill Dealing with Medical Malpractice/Mistakes
Description: Interesting article from denverpost.com outlining some of the history and problems with caps on medical malpractice damages. Specifically, the editorial suggests the problems arbitrary limits on personal injury awards arising from medical mistakes cases. The author concludes that the victims of medical malpractice deserve to be paid reasonable compensation for their injuries. - Birth Injury (Brachial Plexus, Erb's Palsy, Cerebral Palsy) in North Carolina
Description: Attorney Thomas Pleasant handles legal cases involving birth injuries and medical malpractice from labor and delivery to early newborn care. These can include shoulder dystocia, brachial plexus injuries, and cerebral palsy. Cases handled anywhere in North Carolina. Offices in North Carolina include Raleigh, Wilmington and Fayetteville. - HHS Infection Prevention Guidelines [PDF]
Description: The United States Department of Health and Human Services released official guidelines this week for the reduction of infections in hospitals, including guidelines related to six of the more common hospital acquired infections (HAIs). These six infections include methicillin-resistant Staphylococcus aureus (“MRSA”) and Clostridium difficile (“C Diff”). These infections are seen quite often in nursing homes, rest homes, assisted living facilities, and hospitals.This is s copy of the guidelines, which are relevant to medical negligence, medical malpractice, nursing home abuse and neglect, and other personal injury and wrongful death cases. - Case Point Memo: Statutes of Limitations in Medical Negligence Cases [PDF]
Description: If you have a claim against a doctor, nurse or hospital in North Carolina, be careful about the deadlines that apply for bringing suit. They are short, and tricky. Generally, medical malpractice suits must be brought within three years from the date of the last act of the defendant giving rise to the cause of action; or within one year of the date when the injury was or should have been discovered, but not more than four years from the date of the last act of defendant giving rise to the cause of action. N.C. Gen. Stat. §§ 1-15 and 1-52(16) (1996). Foreign object cases must be brought within one year from the date of discovery, but no longer than ten years from the date of the occurrence. N.C. Gen. Stat. § 1-15 (1996). Wrongful death actions based on alleged medical malpractice must be brought within the foregoing period or within two years from death, whichever is shorter. N.C. Gen. Stat. § 1-53 (1996).
You should not try to determine limitations periods on your own, as there are complicated exceptions to the general rules, and each case is unique. If you or someone you love has been hurt or killed by the mistake of a doctor, nurse or hospital, you should contact a North Carolina attorney or lawyer who handles medical negligence claims. North Carolina lawyer Thomas Pleasant is available to discuss your case free of charge, and have office locations in Wilmington, Raleigh and Fayetteville; and in many cases will travel to you if travel is difficult for you. - NC Medical Malpractice Summary: No Lawsuit Crisis Indicated [PDF]
Description: Report published by the NC Academy of Trial Lawyers regarding medical malpractice lawsuits in North Carolina. This report shows how unfairly the number of medical malpractice cases in North Carolina have been characterized. There surely does not appear to be any medical malpractice crisis in North Carolina. Somewhere around 0.25% of all cases filed in North Carolina were medical malpractice. For all 100 counties in North Carolina from about 1998 through 2007, between 500-600 medical malpractice, negligence, or medical mistake lawsuits were filed on average per year. This is for all of North Carolina. The study shows medical malpractice case dispositions for all counties in North Carolina. - Failure to Diagnose Breast Cancer: Guidelines from the American Cancer Society [PDF]
Description: See the American Cancer Society's guidelines for the diagnosis of breast cancer. If you or a loved one feels that a doctor misdiagnosed or failed to diagnose breast cancer, causing injury or wrongful death; these guidelines could be of interest. They might not be determinative as to whether you actually have a medical malpractice injury or wrongful death lawsuit; but as a starting point these breast cancer guidelines could be of interest. If you are in North Carolina, whether in Raleigh, Fayetteville, Wilmington, Lumberton, Charlotte, Greensboro, Winston-Salem, or any other North Carolina city, and you have an issue with breast cancer diagnosis, feel free to contact North Carolina attorney Thomas Waitt Pleasant for a free consultation. - National Comprehensive Cancer Network Breast Screening Guidelines: Helpful Document For Those Considering Failure to Diagnose Breast Cancer Lawsuits [PDF]
Description: For anyone in North Carolina or elsewhere considering hiring a medical malpractice or medical negligence attorney for failure to diagnose breast cancer, these guidelines are useful for determining generally whether the doctor/physician properly handled the screening and diagnosis of breast cancer. These guidelines might not be "the law" ultimately; but they are a useful starting point for determining whether cancer screening was properly done, for purposes of determining doctor or physician assistant liability. In order to fully evaluate your medical negligence, malpractice or mistake claim (whether for medical bills and pain & suffering only; or for wrongful death as well), contact North Carolina medical negligence lawyer Thomas Pleasant.