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I want to commend Norman D. Tucker, a Michigan medical malpractice attorney, for his insightful blog entry on the fallacy of “tort reform,” including caps on damages in medical malpractice cases. Michigan first implemented caps on damages in 1994. The insurance industry lobby said it was necessary to keep healthcare affordable, to prevent doctors from […]
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My last blog post examined the new rules pertaining to the bifurcation of liability and damages in the medical malpractice context. Rule 702 was also amended to change the standards governing the admissibility of expert testimony. This blog post will examine the changes to the language and the potential ramifications. IV. WILL THE NEW […]
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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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Two people were killed and one person was injured yesterday in a car wreck that occurred in Surry County, North Carolina. An SUV collided with a car on U.S. 21 north of the highway’s intersection with Mount Park Road. The wife of one of the victims suffered non life threatening injuries and was taken to […]
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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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One person was injured when he crashed into a tractor trailer near Mt. Hope Church Road in Greensboro. It appears that snow and ice were factors. The full story was reported by the Winston-Salem Journal and may be found here: http://www.journalnow.com/news/local/update-tractor-trailer-runs-over-car-on-i–in/article_a218f613-ecae-5d74-b50b-58fa7b5c7db6.html. Icy conditions have wreaked havoc in the Carolinas in recent months. If you have […]
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This morning a section of eastbound I-40 was closed when a tractor trailer collided with a car near Mocksville, North Carolina, which is a few miles west of Winston-Salem. No information about injuries are available at this time. The article reporting the matter can be found here: http://www.journalnow.com/news/local/tractor-trailer-crash-closes-part-of-i–near-mocksville/article_8f532d76-a85a-11e3-a0b3-001a4bcf6878.html. Too often, people suffer severe injuries as […]
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The search for Malaysia Airlines Flight MH370 continues after it seemingly vanished on a trip from Kuala Lumpur, Malaysia on its way to Beijing, China. There were 239 people on board. Families of those individuals are expecting the worst. No one knows what happened to the plane except that air traffic controllers lost contact with the […]
