Medical malpractice attorneys in the state of North Carolina strongly disagree with the current debates within the state legislature.
Legislators in Raleigh, NC are in search of a manageable way to reform the medical malpractice laws within the state. Medical malpractice attorneys, on the other hand, find this to be extremely detrimental to potential victims of negligence whose sole means to recovery comes through the judicial system.
Damage Should not be Limited when a Jury Finds Liability
The legal system uses money damages in many different ways. Compensatory damages are generally used to compensate the plaintiff for any harm that the defendant has caused. Punitive damages are used to set an example and punish a defendant for particularly egregious harm. One particular portion of the legislation in North Carolina that has medical malpractice attorneys “up at arms” is the $500,000 cap on non-economic money damages. This means that damages that go beyond mere lost wages and the cost of medical care that were caused by medical negligence would now be limited. This is a debatable position for the legislature to take because many cases involve specific circumstances in which pain, suffering, loss of consortium (spousal loss of companionship and affection), hedonic damages (loss of life’s pleasure), and many other non-economic losses will far eclipse the proposed cap.
It is hard to say that a child who loses a limb or a mother who loses her voice due to medical malpractice should be limited in their recovery. The legislature defends the current debate because of the unpredictable nature of pain and suffering awards which lead to ever increasing malpractice insurance premiums within the healthcare industry. The debate will surely rage on within the states and in Washington, but medical malpractice attorneys hope that an individuals’ right to bring a lawsuit when they have been harmed is not limited by an overbearing legislative decision.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you have recently undergone medical treatment but something went wrong which you believe is attributable to medical negligence, you probably have some questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our team is dedicated to earning full and fair compensation for victims of medical negligence.
Persaud, a sworn juror in a medical malpractice civil trial, contacted the plaintiff and said that he had some important information about the defendant that was crucial to the lawsuit. Through a telephone conversation, Persaud spoke to the mother of the plaintiff and arranged to meet the plaintiff’s father at a local hardware store to discuss the information. The father immediately recognized the juror, who made assurances that he could sway the jury in the plaintiff’s favor in return for a five percent cut of the damages awarded. The family contacted the plaintiff’s medical malpractice attorney soon after the phone call and the news was promptly brought to the judge on Monday. The judge, in turn, contacted the DA’s Office and after a short investigation, the juror was arrested when he returned to court on Tuesday. If Persaud is convicted of all the charges that have been brought against him, he could face up to seven years in prison. Due to this gross misconduct on the behalf of the juror, medical malpractice attorneys fear that the plaintiff’s pursuit of a fair and impartial trial will be substantially delayed.
Seventy-two year old Christine Williams went in to Naval Hospital Jacksonville to have a mass removed from one of her kidneys. The procedure was expected to keep Ms. Williams in the hospital for three days and then allow her to resume normal activities. Those three days turned into four months. Ms. Williams then contacted 
The worry among medical malpractice attorneys has been that the new rules limiting the ability of plaintiffs to bring lawsuits may place a significant obstacle in the way of patients finding justice. Medical malpractice has been a hot button issue in nearly every jurisdiction within the country, with many politicians concerned with stabilizing the costs of malpractice insurance. Medical malpractice attorneys’ chief concern is that rules that are over-expansive may keep meritorious cases from reaching a courtroom. On the other hand, many medical malpractice attorneys believe that these new rules in Pennsylvania may help those patients bringing strong negligence cases to court. Although the new standards on negligence have been put into place to limit frivolous lawsuits, those patients with strong cases will have more of the judicial resources at their disposal.
Ms. Renna originally found two masses in her breast in April of 2004. She visited her primary care physician but was soon referred to Dr. Mark Schadt. In the month following Renna’s discovery, Schadt conducted a fine-needle aspiration biopsy in an effort to determine whether cysts in the breast were cancerous. The initial results came back negative. The fine-needle aspiration biopsy is acceptable for some women in particular cases, but more extensive examinations such as a core-needle biopsy or an open biopsy are often necessary. 
The surgeon who performed the surgery, Dr. Shawn Goodman, said she “didn’t realize I had operated on the wrong eye until I was done operating on the eye”. The child’s mother reports that since the operation, there has been no improvement in the right eye and the left eye, which was unnecessarily operated on, now appears to be wandering also. The doctor did send out a nurse to inform the parents that they would be operating on both of the child’s eyes, but she provided no explanation and did not ask for the parent’s consent before she soon vanished. 
The Georgia House recently passed an interesting bill which would make it mandatory for physicians to reveal their malpractice insurancestatus; whether or not they are insured. House Bill 147 still needs to be approved by both the State Senate and Governor Nathan Deal.
This piece of legislation would allow patients to find out if their physician is insured in the tragic event of medical malpractice. Rep. Ben Watson stated, “this is part of how a patient can judge a physician.” In the event the bill is passed, anyone could go through a website run by the Georgia Composite Medical Board and request information. Patients take on an enormous risk when deciding to undergo a medical procedure. Medical malpractice attorneys believe that it is a fair result to allow patients to research a doctor and their insurance coverage before electing to trust them to perform the procedure correctly.
Shoulder dystocia occurs when a baby’s shoulder gets stuck behind a mother’s pubic bone. In order to avoid injury, certain changes must be made during delivery. Birth injuries arising from the improper delivery of a baby with shoulder dystocia can be permanent. In the case of the Virginia boy, it was shown that the nerve damage caused him permanent disablement of his right arm. He may need assistance for simple tasks for the rest of life, and may not be able to do many of the typical activities of childhood due to the birth injury he received.