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Archives for August 2014

August 28, 2014 by TatumlegalAdmin

Hospitals and Health Care Professionals Held to Higher Standard of Care

A woman was admitted to Chowan Hospital to have labor induced for the birth of her baby. She was admitted on a Friday night, labor was induced, and she was given the drug Pitocin on Saturday morning. No vaginal exam was performed until after noon on Saturday.freya-544968-m[1]

The nurse who performed the exam discovered an umbilical prolapse, a condition where the umbilical cord protrudes from the vagina. If the cord becomes compressed, it can restrict the flow of blood and oxygen to the baby, causing brain damage.

The nurse called the attending obstetrician and prepared the mother for an emergency C-section. It took 16 minutes to move the mother into the operating room, where the C-section was performed under local anesthetic. [Read more…]

Filed Under: Medical Malpractice

August 20, 2014 by TatumlegalAdmin

In North Carolina Real Estate Lending Transactions, Let the Borrower Beware!

Sometimes an investment in real estate pays off handsomely, and sometimes it doesn’t. A disappointed or defrauded investor may look to a lender to recoup losses, but such a strategy will not work in North Carolina.for-sale-sign-313291-m[1]

In 2006, a group  had invested in Grandfather Vistas, a real estate development in Caldwell County. Approximately 1,000 acres of land were purchased for $10.9 million, which Infinity Partners, LLC, Infinity Real Estate Partners, LLC, Source One Communities, LLC, Prudential Source One, LLC, and Peerless Real Estate Services, Inc., planned to subdivide into one-acre retail parcels for resale.

The purchase was financed. The developers sold about 60 10-acre lots for $500,000 each (“the founders lots”), with contracts guaranteeing the developers would repurchase each lot for $625,000 within one year. [Read more…]

Filed Under: Real Estate

August 13, 2014 by TatumlegalAdmin

South Carolina Supreme Court Rules that Hospital Negligence Not Always Medical Malpractice

Someone who is injured by the negligence of a staff member at a hospital may have a basis for a lawsuit, for either negligence or for medical malpractice.

The procedural requirements for the two causes of action  are different, and a plaintiff must satisfy the right set of requirements to maintain a lawsuit in court.krankenhaus-1303351-m[1]

The Supreme Court of South Carolina recently reversed a ruling by a trial court granting a motion by a defendant hospital to dismiss a plaintiff’s case with prejudice. The hospital had argued in support of its motion to dismiss that the plaintiff failed to satisfy the statutory requirements for filing a medical malpractice claim. The Supreme Court, however, found that the basis for the plaintiff’s claim was not medical malpractice, but negligence by hospital staff, which did not have the statutory requirements for filing. [Read more…]

Filed Under: Medical Malpractice

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Cabarrus County including Concord and Kannapolis; Catawba County including Newton; Gaston County including Belmont and Gastonia; Iredell County including Mooresville and Statesville; Lancaster County including Lancaster; Lincoln County including Lincolnton; Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Pineville, and Mint Hill; Rowan County including Salisbury; Union County including Indian Trail and Monroe; and York County including Fort Mill and Rock Hill.

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6135 Park South Drive, Suite 510

Charlotte, NC 28210

Phone: (704) 307-4350

Fax: (704) 754-4140

 

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Charlotte, NC 28222

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Rock Hill, SC 29730

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