Legal Question in Medical Malpractice in North Carolina

I'm a 26 year old type 1 diabetic. About 6 months ago I went to the hospital because of an issue with my diabetes while there they notices my right eye was drifting. The did a CAT scan remarked there was nothing remarkable and left it at that. Approximately 2-3 months later I became blind due to diabetic retinopathy. When I went to two other doctors as well as an ER doctor they all claimed it was unprofessional and utterly unimaginable that the doctors didn't recommend me to a diabetic eye specialist or an eye specialist at all and also that they didn't do more tests. They clakmed that if I had gotten treatment then they would have been able to stop the issue in my left eye and helped my right eye. In other words I would not have needed 4 surgeries and everything else I went through including being legally blind for 3 months, having to leave my job and putting much on my life on hold still now. Is there any legal action I can take?

Asked on 12/10/15, 4:20 pm

1 Answer from Attorneys

Gregory Kash Law Office of Gregory M. Kash

This is a difficult question, without having more information. In the current state of law in North Carolina, before a plaintiff can file a lawsuit for medical malpractice, the person must gather all the medical records, have those records reviewed by a healthcare provider who meets a number of specific requirements (like same area of medical specialty, doing the same type of work or procedures, who was doing those at the same time of the alleged malpractice, and who is familiar with the "standard of care" in whatever community where his occurred), and that healthcare provider reviews all those records as says there was a violation of the "standard of care (SOC)" and that they were willing to testify to the SOC violation. As such, no one can really say whether you have a case until they get a positive review from their expert. Again, THIS MUST BE DONE BEFORE YOU FILE SUIT.

That is a very abbreviated version of what has to happen before one can file suit in a malpractice case. They are difficult cases and take a long time to get to court.

With that being said, it sounds like you have some very good information tending to suggest there might be a valid claim to make. I am very familiar with diabetic retinopathy, and know that it is a differential diagnosis that should be very high up on a physician's differential list. I believe it is also a condition that can be appropriately addressed. I would suggest you contact a malpractice attorney to have your case evaluated thoroughly.

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Answered on 12/10/15, 6:16 pm

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