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My last blog post examined the relatively new laws implementing a one size fits all cap on noneconomic damages in medical malpractice cases. This blog post looks at the new law governing bifurcation of liability and damages issues in civil cases. While the new law applies to all civil cases, this post will examine its […]
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My last blog post examined the new laws and how they affect case selection in the setting of an “emergency medical condition.” This post discusses the draconian (and unconstitutional in my opinion) cap on non-economic damages in medical malpractice cases. B. Economic v. Non-Economic Damages Perhaps the biggest impact of the new laws is the $500,000 […]
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I. INTRODUCTION On October 1, 2011, S.L. 2011-400 (SB 33) and certain provisions of S.L. 2011-283 (HB 542) took effect. In the medical malpractice world, these laws have fundamentally changed the manner in which we approach these cases. Institution of a cap on noneconomic damages, as well as a change in the evidentiary burden in certain […]
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ANESTHESIA ERRORS Injuries caused by anesthesia errors can often be more dangerous than surgical errors. Even a small mistake in administering anesthesia can result in permanent brain injury or even death. It is crucial for the anesthesiologist to obtain a proper medical history to determine first whether certain anesthetic agents are contraindicated in the patient’s […]
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27 Mar '14
A patient had a pacemaker. She was relatively young and healthy, but needed the pacemaker to regulate heart rhythm. She developed problems with the connectivity between the leads attached to her heart and the pacemaker. Her cardiologist recommended replacing the pacemaker. In the cath lab, the cardiologist sought to replace the pacemaker. However, the cardiologist attempted a […]
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Medical malpractice occurs when a medical care provider provides services or otherwise acts in a manner that is below the standard of care, which is another way of saying they were negligent. In North Carolina, the statute of limitations for an injury (not resulting in death) is typically 3 years. In North Carolina and throughout […]
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On March 3, 2014, a woman in Maine passed away from Creutzfeldt-Jakob Disease. A mother of four children, she first became ill in November with a cough and vertigo. Her health deteriorated rapidly and doctors struggled to figure out what was wrong with her. By Christmas, she was in the hospital with stroke-like symptoms. She was ultimately […]
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02 Mar '14
A major beef recall from a California slaughterhouse is prompting concerns about gaps in the U.S. Department of Agriculture’s meat inspection system. The USDA, which announced the recall on February 8, 2014, said Rancho Feeding Corp. had processed “diseased and unsound animals” and that the resulting meat was “unfit for human food.” The plant closed […]
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For some of the most up to date information about Creutzfeldt-Jakob Disease (CJD), visit the following sites: http://www.cdc.gov/ncidod/dvrd/cjd/ http://www.cjdsurveillance.com/ If you have potentially been exposed to Creutzfeldt-Jakob Disease, contact the Law Office of Kevin J. Williams, PLLC, in Winston-Salem, North Carolina, at (336)793-8459 to schedule a free consultation to discuss your options. You may also […]
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27 Feb '14
There is no reliable test for Creutzfeldt-Jakob Disease (CJD). When a doctor suspects CJD, the first item of business is to exclude treatable forms of dementia such as encephalitis or chronic meningitis. A neurological exam will be performed. Standard diagnostic tests include a spinal tap and an electroencephalogram (EEG). The only way to confirm a […]
