Legal Question in Medical Malpractice in North Carolina

Medical Malpractice -Need Advice

My eight-year-old's father (and my exhusband & also best friend), died last April due to what I think was medical negligence. I am an RN, BSN, so I have an understanding of appropriate care. This was a 52 year-old-man who developed pneumonia, was taken to the E.R. by his daughter, who was told to ''come back in the morning'' and he would be ''good as new''. He died the next morning. The preliminary autopsy report stated that his cause of death was due to heart failure from having too much fluid in his left lung. In other words his heart could not function properly due to pressure. There are medical procedures that can be done to drain fluid from the lungs, and someone should have also noticed the many signs that indicate respiratory distress and impending heart failure. He was in an ICU where the nurse/patient ratio could not be any lower. I'm still very upset about this, and am wondering if I have any legal recourse as an exwife, and mother to our son, who is now without a father?


Asked on 5/10/08, 10:42 pm

1 Answer from Attorneys
Richard Culler Culler Law Firm, P.A.

Re: Medical Malpractice -Need Advice

you may have a valid case against both the hospital and the ER physicians, however, you know that Med-Mal cases are the most difficult to successfully pursue...I would be happy to refer you to an attorney I trust (who is right now engaged in a three-week med-mal trial) who would be able to better advise you as to the likelihood of success with regard to your potential claim...please remember that in NC, since this is a wrongful death claim, you must take action within two years of the date of the negligent act which caused the death...good luck

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Answered on 5/11/08, 12:24 pm


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