Legal Question in Medical Malpractice in North Carolina

Mixed Up Patients: Treated as Wrong Person

Quickest overview, wife was treated improperly. Doctors treated her based on medical records of another patient, had several procedures done to her based on this other patients medical information. Now we have no idea what is truly wrong with wife, and why these procedures were performed on her wrongly.

Asked on 2/28/03, 9:50 am

2 Answers from Attorneys

William Horsley William F. Horsley, P.A.

Re: Mixed Up Patients: Treated as Wrong Person

This certainly sounds as if malpractice occurred. However, before deciding whether there is or is not a case, a determination must be made of the nature and extent of any actual injury and damages caused by the negligence of the health care providers. If you would like to discuss the case further, please feel free to call me at 1-800-953-2542 or contact me by e-mail at [email protected]

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Answered on 2/28/03, 5:18 pm

John Kirby Law Offices of John M. Kirby

Re: Mixed Up Patients: Treated as Wrong Person

The other response is certainly correct. There are issues of (1) negligence and (2) damages. If they in fact used the incorrect patient's information, that would appear to be "negligence" (or "malpractice"). There are, however, probably some complicated issues regarding the appropriate standard of care, and determining exactly who "dropped the ball," and determining the damages (if any). At the risk of stating the obvious, you may have legal recourse, but your primary focus at this time should be on obtaining a proper diagnosis of your wife's condition. You may want to see a lawyer.

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Answered on 2/28/03, 7:50 pm

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