Legal Question in Medical Malpractice in North Carolina

My daugher had an accident last year. We rushed her to the hospital she was puking blood and wasn't responsive to us. We get her there and they do a ct scan. The doctor tells us she is fine that she just had a concusion and sent us home. She still couldn't walk and was throwing up blood when they sent us home. We had to go back the next morning because she still couldn't walk and was puking up blood alot of blood. Another doctor examined her, looked in her ear(which the er doc the night before didn't do) and seen blood.They then looked at the SAME ct scan from the night before and said she had bleeding and a double skull fracture and complete hearing loss in her right ear. My question is, was the hospital neglant? Should I pursue this or let it go?


Asked on 8/26/09, 11:44 am

1 Answer from Attorneys
Lee Whitehurst, MD Lee A. Whitehurst, MD, JD, PA

The Emergency and/or hospital may have been negligent. It does appear that they were negligent. To prevail, regarding compensation in a medical malpractice claim, your daughter would have to prove that damage resulted as a direct cause of the negligence. It would be reasonable, in my opinion, to have someone review your daughter's medical records, if you are inclined to pursue a medical malpractice claim. You may call me if you have any additional questions. Lee A. Whitehurst, MD, JD.

910.256.6391

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Answered on 8/26/09, 12:48 pm


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