Legal Question in Medical Malpractice in North Carolina

if u were given the wrong injection can u sue the employer for mal practice it was a nursing home??

Asked on 10/12/11, 1:33 pm

1 Answer from Attorneys

Why would an employer nursing home be giving the employees injections? Are you an employee? If so, you generally can't sue your employer and would have to file a workers' compensation claim.

If you are not an employee, were you a resident/patient? In such case, yes, you can sue the nursing home for negligence assuming that the statute of limitations/repose is not at issue. The real question to be asked is how were you harmed by the wrong injection? What injuries did you suffer? What are your damages for any lost time from work, medical expenses or pain and suffering? You also have to show a link between the injection and the injuries that you suffered. I don't know what those were or why an injection was given or if this was a known risk.

I am not a personal injury lawyer. What you should do is go to a lawyer who specializes in personal injury. If you are employed by the nursing home, then go to a worker's compensation attorney. In either situation, have the attorney evaluate your case. Many attorneys give free consults so try to take advantage of that.

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Answered on 10/12/11, 9:03 pm

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