August 2013

Malpractice…More like Foul—practice.

August 30, 2013, by Michael A. DeMayo

North Carolina can be particularly unwelcoming to claims of medical malpractice. Why? As with most cases that involve negligence, North Carolina requires the plaintiff to show that he in no way contributed to the accident. While this is always challenging, it becomes particularly challenging in the medical malpractice setting for a number of reasons.

In a negligence claim, it is much easier for a group of peers in the community to determine if your conduct was reasonable during and before the incident. In a medical malpractice claim against a general practice physician determining the reasonableness of the doctor’s conduct requires a court to question what other doctors (peers) in the community would have done in the situation given the same circumstances. If a doctor would have done the same, then the doctor’s conduct will most likely be considered reasonable—thus excluding a malpractice claim. Same goes for a specialist. Asking a general practitioner what he would have done in the same situation when the circumstances at issue involve a cardiovascular surgeon you will not likely get the same response.

This sheds light on another problem with a medical malpractice claim. The medical community is a small one. They attend the same conferences, play in the same golf tournaments and answer one another’s questions on the same listserves. Asking one to serve as an expert against a colleague may be especially challenging. Don’t put yourself through the exhaustive and drawn out process of pursuing a medical malpractice claim in North Carolina without talking to us first.

We have helped people across the state fight and win medical malpractice claims. We’re experienced at it. We know what it takes and we’re a phone call away. Call the Law Offices of Michael A. DeMayo at 877-333-1000. If you uncomfortable about calling an attorney just ask around the community at first. People know us and are familiar with the results we achieve.

Surprise Surprise—A Two Liter of Soda per Day is Dangerous?!

August 21, 2013, by Michael A. DeMayo

Well—hold the phones. A European Health watch group recently spent thousands if not more on a study that produced some shocking conclusions. As it turns out, drinking a two liter of soda per day can cause irregular heartbeats and fainting. I know! I know! Do try to remain calm. It happens all the time that we learn the things we enjoy can be dangerous for us.

Of course, my biggest confusion with all of this is the money and time spent on this study. Wouldn’t a simple Internet search produce the same scientific research with astonishingly similar results? As it turns out, the study came in response to a woman who drank a two liter every day for sixteen years. Who has that kind of dedication these days?

Well, the love affair with soda came to a close after the woman was hospitalized for the heart problems. The fact that it’s soda makes it very difficult for me to empathize with her; however, it is too often a reality that people become ill as a result of ingesting something dangerous for them—but didn’t have knowledge of those dangers. This is often the case with new medicines that hit the market. The Food and Drug Administration pushes it through and approves it, then pharmaceutical sales reps incentivize doctors to prescribe it to you—the consumer. This otherwise functioning capitalist market approach fails and you the consumer are the most injured.

If you have taken a dangerous drug and believe the drug manufacturer is to blame, call the Law Offices of Michael A. DeMayo today. It won’t cost you anything to see if we can help. Fill out a free case evaluation on our website, Or give us a call any time at 877-333-1000.

Lovable Dangers Can Be So Cute and Cuddly!

August 18, 2013, by Michael A. DeMayo

If you’re living and breathing as a part of any community you can’t but interact with others in the area. Whether it be in the form of running into the nearest gas station, filling your meds at a local pharmacy or just giving up the congenial nod at the person you cross on the local sidewalk.

Interacting with others in the community is what makes us who we are. It feeds our most sacred and most internal component of what makes us human. The problem, however, often arises when those who we interact with create or cause a dangerous situation during which we are injured. It leaves us asking questions about what we could have done differently or how we could have acted differently to avoid a dangerous situation.

After the incident, possibly emergency room visit and the works to get back to normal we are left to ask the questions that naturally follow. Who’s responsible for this? Should I have to pay for this? Is it my fault? Well, ask any lawyer and most likely you’ll get the response—it depends. The reason for this is because it honestly does depend on the circumstances all around.

Let’s take a dog bite in Charlotte for example. You see someone new to the neighborhood who is walking with a pit bull without a leash or otherwise any device to control the animal. In most areas, a person is ordered by ordinance to walk a dog on a leash. By not following the ordinance that person is considered to be acting unreasonable. Why? Because, the ordinance sets the standard of care and duty owed. That person is strictly likely strictly liable for any injuries that are the result of violating the ordinance.

Now, similar facts but a different outcome. The same pit bull is walking on a leash and intersects with you as you take your three year old down to the park for an afternoon in the sun. The large—aggressive pit bull is a lover—and jumps on your child as it gives the child a hug. The dog licks the child until it can lick no more and in doing so, crushes the child’s clavicle. Well, it’s a very different situation. Why? The same ordinance says pit bull on a leash. The dog owner followed the ordinance and satisfied the duty owed. Also, something that comes up a lot in dog bite cases is dangerous propensity. The injury—licking the child over and over—is not in the dangerous propensity of the pit bull.

This is often the back and forth that injured plaintiffs deal with over and over with an adjuster who represents an insurance company who may be liable. There are so many different opportunities for an injured party to get denied in North Carolina and each of them seems more heartless than the prior.

If you’ve been injured and it wasn’t your fault—regardless of what the insurance company tells you—call the Law Offices of Michael A. DeMayo today. Don’t fight it alone! Get the help you deserve. Our number is 877-333-1000.

Spared by grace…and good execution of an emergency procedure.

August 14, 2013, by Michael A. DeMayo

If you were one of the eleven thousand people who had a ticket to the outdoor Christian rock concert in Shelby Saturday evening, you arrived to a canceled show.  Apparently the larger than life winds tore apart a concert stage.  Officials say just before the winds came through the band, Mercy Me, left the stage.  The event crew members began deconstructing the stage when the wind tore through and finished the job for them.

This is the type of thing that could be devastating had the decision makers elected to forego the hinting winds for fear of lost profits.  Fortunately, the people responsible for deciding to cancel the show, made a good decision which resulted in no injuries. 

Again and again we see things like this that plague the headlines reminding us that we just never know.  Either by natural circumstances, poor judgment or just circumstances beyond our control, people may sustain an injury at no fault of their own. 

If you have been hurt like and wonder how you will pay your medical bills or cover your time out of work give us a call at the Law Offices of Michael A. DeMayo today.  Call 877-333-1000 or check out our website to request a free case evaluation at

Good Samaritan Not Always Good

August 11, 2013, by Michael A. DeMayo

At the end of July a young girl was electrocuted in Lexington while practicing for swim club. The power line that fell near the pool shocked the girl and unfortunately, the girl passed away as a result.

The heroic efforts of lifeguards were noted by witnesses who say the lifeguards continued to get shocked as they try to pull the girl from the water. The efforts, although incredible and selfless, may have created a worse situation than the one before them.
These efforts could have made the problem worse by having additional people for emergency responders to treat rather than just one. While it may be challenging to stand idly by doing nothing, if getting involved in a dangerous situation would likely aggravate the situation standing by may be the only thing to do.

This can be difficult sometimes because inherent in our nature as humans is a desire to help others out. While you want to help others, you also have a duty to protect yourself from dangerous situations that should not be ignored. These situations are so tragic and often occur without any justification. This and similar situations often create personal injury in North Carolina and as always the less the better.

If you believe something like this has happened to you as a result of your inherent desire to help others give us a call or check out our website at for a free case evaluation today.

Heavy Rain Has Investigators Worried About Transportation Safety

August 4, 2013, by Michael A. DeMayo

Last week a train derailed in Newton, NC. The Newton police believe that the Norfolk Southern train derailed after rain caused the track to sink deeper into the moist soil below. Fortunately, the cars were not transporting people, but this may not be the case in the future. It is important to remember that roadways like railroads are built with certain data that rely on historical measures of soil moisture.

With the record amount of rainfall these historic predictors may not be accurate with regards to railroads and other transportation systems like highways and interstates.

If you notice something different about the roads while you’re driving, you should report any emergency concerns immediately to the proper authorities. You may be the first person to notice the change, or maybe just the first person to consider calling. The importance of notifying the proper authorities is evident. You could save someone’s life by preventing an accident like this one.

If you have been hurt in an auto accident in North Carolina which may be caused by faulty roads or transportation ways, please call the Law Offices of Michael A. DeMayo to see if there is something you can do. Our office number is 877-333-1000 or you can research the topic more at


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