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New NC Malpractice Law


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10/3/2011
Brent Adams
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Limitations on damages from healthcare providers and medical doctors will take effect in October 2011 for victims of medical malpractice. Over four dozen new state laws take affect during the same month. North Carolina will join 30 other states that have damages limits for medical liability lawsuits. Victims of medical negligence will have caps placed on how much compensation they are eligible to receive.

New NC Medical Malpractice Law Takes Effect October 1, 2011

The new law limits recovery for non-economic damages in a NC medical malpractice case to $500,000. Non-economic damages are damages for such things as pain and suffering, mental or emotional distress and any other element of damage that is not reflected in economic cost or loss. An example of economic loss would be lost wages or medical bills. Even though there is a new law, there is no limit to economic losses in a malpractice case. Negligent physicians are still required to pay other financial losses like medical bills and lost wages.

NC Cap on Punitive Damages

North Carolina has had a cap on punitive damages for more than 10 years. Punitive damages are awarded by the court in order to punish the wrong-doer and discourage others from wrong-doing. The cap on punitive damages in NC is $250,000 or three times the compensatory damages, whichever is more. Many files were expected to flood the courts before the new law takes effect. For anyone suffering because of a doctor's negligent act, it's a prime time to contact a medical malpractice attorney in Raleigh to learn how the new law affects your rights and your particular case. Medical malpractice lawyers at Brent Adams & Associates will review your case and explain how to build a strong case with the limits the new malpractice law enforces.

North Carolina Medical Malpractice Lawyers

The new law was passed by a Republican-dominated legislature controlled by big money special interest lobbying groups. An organization such as the United States Chamber of Commerce was a big advocate of the so-called tort reform. The Chamber of Commerce was a puppet for big business and actively works against the interest of the consumer. Before the law was approved, there was no ceiling on how much a medical negligence victim would receive from their case. Trial lawyers' groups strongly oppose this law because it takes basic constitutional rights away from North Carolina citizens.

No matter where you live in North Carolina, contact a medical malpractice lawyer at our Raleigh, Fayetteville or Dunn offices by calling 800.849.5931. Our medical negligence attorneys work with victims and families across the state who have lost loved ones to careless healthcare practices.



Category: Medical Malpractice


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