Legal Question in Medical Malpractice in North Carolina

My 7 year old son recently had a fishing accident in which a hook went through he's eye lid.I took him to the er and there had to wait approximately an hour and a half before he was even seen. When they finally saw he they didn't know how to remove it nor had tools to do so. They finally got a cutting instrument from the O.R. to try removing it. They only sedated him for the attempted removal did not restrain him and he moved which caused the hook to go in the eye. He had to be transported to another hospital to have it surgically removed and a three night stay. At this time we are unsure of any damage this may have caused, could i sue for medical malpractice?

Asked on 5/30/13, 11:26 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

It sounds as if you might have a medical malpractice claim. You would have to show that the doctors violated their standard of care, but based on these facts it seems that they did so. Hopefully there is no permanent injury to the eye. In view of the potential for a long term injury, you should probably consult with an attorney in more detail about this matter. Also note that children's claims can involve more complicated legal issues that are not presented with claims of adults.

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Answered on 5/31/13, 5:24 am

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