Legal Question in Medical Malpractice in North Carolina

Doctor put cast on incorrectly 16mnt old burned

My 16month old son fell down our stairs while the baby sitter was watching him. He was taken to Urgent care and a temporary plaster cast was put on (a prefab kind) upside down and with no padding. He 1st and 2nd degree burns from the plaster heat and chemicals. The director of the urgent care doctor apologized for the error and offered to pay our bills. Should I get a lawyer? Everyone is telling me I should. I called two but they dont seem to be interested because it is not a 6 figure settlement. I have pictures and the cast....

Please help!


Asked on 7/09/06, 9:06 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Doctor put cast on incorrectly 16mnt old burned

Assuming that the health care provider did not comply with the "standard of care," then you would be entitled to recover the medical bills and your child would be entitled to recover for any pain and suffering, scarring, and permanent injury. It is difficult to assess pain and suffering in a sixteen month old child. If you retain an attorney, he or she will of course need compensation, either hourly or on a contingent basis, which will effectively reduce the value of any amount they are willing to pay in settlement. You may want to continue trying to find a lawyer to help you.

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Answered on 7/09/06, 11:17 am


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