NC Medical Malpractice Reform Caps Explained

by Rick Shapiro

Rick is a Carolina injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

11/13/2011
Rick Shapiro
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North Carolina's New Caps on Medical Malpractice Awards Explained

In North Carolina (NC) victims of medical negligence now face limits on how much they obtain from physicians and other medical providers for damages, as new state laws took effect in October 2011, according to The Associated Press. The so-called "tort reform" resulted from intense lobbying by hospitals, doctors and insurance companies

Specifically, North Carolina monies award for noneconomic damages such as pain, suffering and losing lost body parts can be no higher than $500,000 unless certain exceptions apply. Punitive damage awards are also capped at the that amount.

Perhaps the myths that medical malpractice awards are excessive and raise health care costs led to this legislation. The reality is that caps result in further injuring people who have already been hurt by medical negligence that contributed to a medical mistake that is commonly preventable. Whatever their cause, medical mistakes cannot be undone and leave victims with lifetimes of consequences like permanent disability.

The lives of Individuals who survive serious medical malpractice or hospital errors or a death of a loved one are altered forever. For example, the firm once represented a child who suffered shoulder dystocia, a permanent arm injury during birth. A lawsuit was brought against a nurse-midwife who helped the child's mother at birth. A jury determined the nurse's negligent care caused the child's arm injury. This child might never play sports because of the negligent care provided at birth.

Some opponents of North Carolia's new law think it violates the constitutional right to a trial by jury in a civil case because it strips from juries the right to decide what a medical injury is worth to a victim or family. The new cap may also discourage attorneys from accepting cases because malpractice cases are difficult and expensive as these cases require paying medical expert witnesses to review the medical records and write narrative reports.

If you or a loved one suffers an injury due to improper medical care in North Carolina, hold NC medical professionals accountable with the help of a North Carolina medical malpractice attorney.

LC

Category: Medical Malpractice/Doctor Mistakes

Labels: attorney caps ceilings injured lawyer medical care medical malpractice NC North Carolina Personal Injury Shapiro tort reform

About the Editors: Shapiro, Lewis & Appleton is a law firm whose attorneys focus on injury and accident law and have extensive experience handling medical malpractice cases. Please take a few moments to review our medical malpractice case results. We serve every area of North Carolina, including the Outer Banks, Nags Head and the western mountains, as well as all the cities and counties in between. In South Carolina, we cover the state from Myrtle Beach and Charleston to Orangeburg, Columbia, Florence, Rock Hill, Darlington, Aiken, Anderson, Greenville and Spartanburg.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008 and we have been named one of the Best Injury Law Firms in North Carolina for personal injury law since 2010 by U.S. News & World Report. In addition, we have been listed in the National Million Dollar Advocates Forum since 2009 and our firm has the highest rating of AV from national lawyer ranking organization Martindale-Hubbell. That means we have a reputation for demonstrating preeminent legal skill.

We offer free special reports on the Top 10 Tips From Experienced Medical Malpractice Lawyers and the Top 5 Surgical Errors You Must Know About.

While not every injury case meets our criteria, we offer a free, initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail and so we can return your call promptly.

Elizabeth City, NC Personal Injury Attorneys
North Carolina (NC) Personal Injury Lawyers
Specializing in North Carolina Wrongful Death & Injury Law

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North Carolina's New Caps on Medical Malpractice Awards Explained

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