Charlotte Personal Injury Lawyer Blog

On October 11, Lori Smith, a Salisbury woman, filed a lawsuit against CVS, a CVS pharmacist and a CVS manager, asserting claims of negligence, malpractice, and reckless misconduct. According to Ms. Smith, she was diagnosed with pink eye by her primary care physician and prescribed eye drops as part of her treatment. Ms. Smith she filled the prescription later that day at her local CVS, but she was given the medicine in the form of ear drops rather than the prescribed eye drops. She contacted the pharmacist after the drops burned her eyes, informing the pharmacist about the burning sensation and that the label that said "use in ears only." However, the pharmacist instructed Ms. Smith that the drops were safe for use and can be used in both the ears and eyes.

Unfortunately, the medicine was not interchangeable. Ms. Smith's prescription could be used in her ears, but the ear drops she was given could not be used in her eyes. As a result of using the ear drops in her eyes, Ms. Smith's eyes became swollen and sensitive to light, causing her severe pain. Ms. Smith's eyes were later treated, and she was prescribed additional medications. However, Ms. Smith's vision has deteriorated to 20/80, and she must wear sunglasses continually as a result of her injuries. Ms. Smith further alleges she lost her job and has been unable to attend college classes.

Continue reading "Salisbury North Carolina CVS Lawsuit Illustrates Perils Of Physician Malpractice" »

On March 16, 2010, Kenneth Chapman checked himself into Carolinas Medical Center-Randolph emergency room, claiming that he had been seeing shadows that were not there, experiencing depression, and thinking of killing his wife. Rather than admitting Mr. Chapman, the hospital staff prescribed antidepressants and anxiety medicine. Mr. Chapman was then discharged. Later that day, Mr. Chapman murdered his wife and daughter, as well as his wife's daughter from a previous marriage.

The victims' family has initiated a lawsuit against Carolinas Healthcare System, alleging the murders could have been prevented with the exercise of reasonable medical care. The essential argument is that the hospital's sub-standard medical care was a proximate cause of the deaths.

Although counsel for the hospital contends that Mr. Chapman's actions were pre-meditated, the murders and subsequent investigations have led to questions of the adequacy of mental health care in Charlotte. According to an Observer investigation, the need for the mental health care has been increasing over the past decade; whereas, the number of beds for mental health patients have remained the same. Studies have also shown that CMC-Randolph needed to expand its facilities, but has failed to do so or make plans to do so since the studies were released. It is important to note that this information alone would not establish proximate cause in this particular case, though it could come into play during a trial.

Continue reading "Charlotte Medical Malpractice Case Raises Questions Regarding Local Health Care " »

On July 13, 2011, N.C. Legislators voted to override Governor Perdue's veto of Senate Bill 33 / House Bill 542. The legislation proposed by Republican leaders at the request of medical providers and insurance carriers essentially guts the legal rights of injured victims, largely relieving physicians of responsibility for their negligence in most instances.

Many of the legislations sponsoring and supporting this legislation have refused to acknowledge the dangerous repercussions of the proposed law and the need for the bill. Simply stated, many of the representatives in Raleigh are more concerned with the opinions of those filing their election coffers than the legal rights of their constituents. To that end, the NCAJ has continued to educate the public regarding the actual statistics for medical malpractice actions in North Carolina. For instance: In the last decade, med mal cases account for less than 25% of the litigation in N.C.; In the last three years, the number of med mal lawsuits has dropped approximately 20% compared to the prior 10 years.

A vote on Senate Bill 33 is expected in the near future. I highly encourage you to contact your representative and voice any concerns you have regarding this legislation. I also encourage you to carefully exercise your right to vote in an educated manner in the next election.

NewsObserver.com, N.C. Senate overrides all 6 vetoes, 07/14/11

The North Carolina Advocates For Justice (NCAJ) is warning residents of N.C. of the dangers from proposed Senate Bill 33. SB 33 is a medical malpractice reform bill proposed primarily by N.C. Republican legislators recently. You can find concise information regarding the proposed law that will allow you to contact your representatives to voice any concerns you may have. You can also find further commentary regarding these recent legislative efforts, and the effect on your legal rights, on my blog. I certainly encourage you to take the time to relay any such concerns, as this proposed bill is still being debated.

Please keep in my that further encroachment upon your legal rights is expected in the coming weeks, as many of your elected officials continue to choose to pander to special interest groups rather than representing their constituents. I will continue to post information regarding these proposals on my blog, so you can stay informed and voice your concerns.

March 01, 2011 was a horrible day for North Carolina residents. The state judiciary committee approved a bill proposing essential immunity for emergency physicians for their negligence. The proposal further caps non-economic damages at $500,000. The bill passed the Senate 36-13. All Republicans voted for the bill plus Democratic Senators William Purcell (Scotland), Eric Mansfield (Cumberland), Michael Walters (Robeson), Stan White (Dare), and Ed Jones (Halifax).

Proponents of the bill erroneously argue the need to protect hardworking doctors from frivolous lawsuits. However, they ignore one obvious truth; that the current law provides safeguards against frivolous lawsuits. In fact, 465 medical malpractice lawsuits are filed each year in North Carolina, contrasted with 1.5 million emergency-room visits annually. Furthermore, the 465 annual lawsuits equates to less than 5% of the 9,700 patients killed or permanently injured every year due to medical malpractice. In other words, only 1 in 20 patients who are severely harmed by a preventable medical mistake files suit. So, it's clear the proponents of this legislation have ulterior motives.

Continue reading "Charlotte Residents Will Lose Rights Under Proposed Medical Malpractice Bill" »

The family of Sierra Wilson was recently awarded $4.4 million in a medical malpractice suit against Piedmont Medical Center of Rock Hill, SC. The Plaintiffs alleged that a nurse trainee assigned to the expectant mother misread fetal heart monitoring data which indicated the child needed emergency care. The baby was born November 18, 2003 with a severe brain injury due to oxygen deprivation. She died three months later of complications from cerebral palsy.

Regardless of the type of medical procedure involved, physicians, nurses, and all hospital staff are required to provide a certain level of medical care. Unfortunately, human error is inevitable and the results are often catastrophic or even deadly. While pursuing your legal remedies can never alleviate the devastating losses in these tragedies, pursuing the appropriate medical malpractice claim can alleviate the substantial financial consequences that occur from the negligence of medical providers. It is important to promptly speak with an attorney in these tragic circumstances to determine whether the events arise to malpractice, and determine your legal remedies.