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Articles Posted in Medical Malpractice

North Carolina House Approves Tort Reform Bill

June 2, 2011 | AS Personal Injury Lawyers

According to the Raleigh News and Observer, the North Carolina House approved another tort reform bill. The bill was originally drafted such that it would bar all suits against drug manufacturers so long as the medication was approved by the United States Food and Drug Administration unless fraud or bribery was involved. Ultimately, the bill was scaled back such that the current version allows plaintiff’s to sue if they can show, by clear and convincing evidence, that the drug was unsafe or ineffective.

A New Law in North Carolina Would Bar Patients from Suing Emergency Rooms for Medical Malpractice

April 19, 2011 | AS Personal Injury Lawyers

There is controversial bill in North Carolina which could become law which would completely bar patients from recovering damages against emergency medical providers for traditional medical malpractice claims. This bar would be applicable even if they are harmed or permanently disfigured by the negligent medical care. Under this version of the proposed law, an injured patient could only recover from emergency medical providers if they are grossly negligent or their conduct is in willful and wanton disregard for the wellbeing of the patient. This higher burden would preclude all but the most egregious types of cases.