Legal Question in Medical Malpractice in North Carolina

Doctors made mistakes but patient probably would have died anyway?

My father has a rare cancer. The doctors at one hospital blew it off for five months. Then it grew and spread like wild. He is really suffering with the treatment which has no hope. He is at a bigger hospital now and they tell us that a MRI should have been used to diagnios it in the begining. It would have been alot easier to treat, but the outcome probabaly would be the same. Do we have any grounds for malpractice?

Asked on 4/10/03, 9:28 pm

1 Answer from Attorneys

Lee Whitehurst, MD Lee A. Whitehurst, MD, JD, PA
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Re: Doctors made mistakes but patient probably would have died anyway?

To win a malpractice suit in N.C., the injured part must show that the failure to properly treat actually caused the damage or condition that followed. The failure to order the MRI might have caused actual damage or loss of opportunity. A review of the medical records would be needed to determine if you possibly have grounds for a malpractice complaint. You may contact me at Knott, Clark, Burger & Whitehurst, L.L.P.

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Answered on 4/13/03, 8:08 pm

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