Medical Negligence, Mistakes and Malpractice

At The Law Offices of Thomas Waitt Pleasant, we have great respect for the skill and knowledge of hospitals, doctors, nurses and other healthcare professionals. While most of these health care and medical providers give excellent healthcare, some make serious and clearly avoidable mistakes, failing to provide care in accordance with the applicable standards of care.  When this happens, the hospital, doctor or nurse could be guilty of medical negligence or medical malpractice.

North Carolina lawyer Thomas Waitt Pleasant represents people in personal injury and wrongful death cases where the victim has been injured (or has died) due to the medical mistakes/negligence of hospitals, doctors, nurses, physician assistants, and other healthcare providers.

Medical negligence and malpractice claims may include unsanitary or unclean conditions, medication errors, negligent care, surgical mistakes, hospital mistakes, failure to diagnose, and many other types of problems.

Not every unfavorable outcome following medical treatment is a case of medical negligence or malpractice. North Carolina attorney Thomas Waitt Pleasant encourages potential clients to ask themselves the:

• Is your medical/physical condition much worse after the treatment?
• Are your symptoms the kind of symptoms that are normal following the medical procedure or medical treatment you underwent?
• Can the hospital, doctor or nurse give you a satisfactory explanation for any unusual symptoms or medical problems following the medical treatment?

If your physician cannot answer your questions satisfactorily, there could be some concern that you have been a victim of medical negligence.

North Carolina law imposes strict limits on the time in which a North Carolina victim of medical negligence, medical mistake or medial malpractice must bring suit; so if you believe you have been injured due to a doctor or nurse’s mistakes or negligence, contact Thomas Waitt Pleasant, North Carolina. Mr. Pleasant will consider cases arising anywhere in North Carolina, including but not limited to Raleigh, Fayetteville, Wilmington, Charlotte, Greensboro, Winston Salem, and other areas.

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Library for Medical Negligence, Mistakes and Malpractice:

• 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.

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Web Resources for Medical Negligence, Mistakes and Malpractice:

• Check Hospital Mortality Statistics: Medicare Website

  Description: Check hospitals by zip code to see the mortality rate. When handling legal claims for medical negligence, nursing home abuse, neglect, injury and wrongful death, attorneys often look for patterns of negligence. It is an indicator that a facility is particularly bad and paves the way for a jury to take action and send a message that the facility or healthcare provider should “clean up its act.” As a practical matter, if you are considering having surgery, or need elective hospitalization, this could be useful tool and help you avoid having a situation where you need a medical negligence lawyer in the first place. This tool should allow you to check up on hospitals in North Carolina, including Raleigh, Wilmington and Fayetteville; as well as other areas.

• Dennis Quaid Congressional Testimony: Drug Overdose Via Medical Mistake

  Description: Quaid's Congressional testimony regarding the near-wrongful death of his twins at the hands of negligent hospital/nurses/doctors in the administration of the blood thinner Heparin. Quaid has become an advocate for those injured and hurt by medical mistakes. Contact North Carolina attorney Thomas Waitt Pleasant with your medical negligence case for a free evaluation.

• www.birthinjury.org

  Description: This is a website sponsored by the Midwest Brachial Plexus Network, Inc. Here you will find lots of detailed information about brachial plexus injuries, including erb's palsy. You will also find information about litigation revolving around these types of birth injuries, when medical negligence or malpractice is alleged. Brachial plexus injury (bpi) is an injury that causes paralysis to one or both arms. Most bpi's happen during delivery of an infant. This type of birth injury can be permanent or temporary. This site contains much information about brachial plexus injury, available treatments, legal information, articles, FAQ and support services.

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The Law Offices of Thomas Waitt Pleasant, PLLC
427 Franklin Street
Fayetteville, NC 28301

Toll Free: 888-HELP-156
Phone: (910) 323-3250