The North Carolina Senate approved a malpractice reform in 2011. Now, one year later, how has the legislation affected medical malpractice cases?
Senate Bill 33 broadens medical malpractice actions and how they’re applied to different types of medical providers. The bill requires more extensive evidence than what was acceptable in the past, and among other things, reduces the statute of limitations for minors.
Some parts of Bill 33 apply to cases filed after October 1, 2011, which caused an influx in filings for victims who were concerned about missing out on higher compensation. The legislation brings a cap on non-economic damages: $500,000. Economic damages are not capped.
In Charlotte, Al Anken, a former ultrasound tech, was diagnosed with a kidney tumor. However, he realized an ultrasound of his kidney from two years before his diagnoses revealed the mass; however his doctor at the time had failed to recognize it. With the passing of Bill 33, Anken, like most malpractice victims is discovering it’s even more difficult to find a NC medical malpractice attorney who will take a case. Bill 33 puts so many restrictions on claims that malpractice attorneys need to have detailed evidence of the negligence.
This doesn’t mean malpractice victims in NC are at a total loss, medical malpractice attorneys in Raleigh, Fayetteville and Dunn with Brent Adams & Associates are meeting with patients who suffered injuries, misdiagnoses, prescription errors and wrong-site surgeries. Schedule a confidential and free consultation here.