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Tag Archives: Medical Negligence

Tort/Negligence – Hospital Negligence – Administrative Remedies – Exhaustion Requirement – General Medical Negligence Notice – Res Ipsa Loquitur (access required)

Rudisil v. United States (Lawyers Weekly No. 14-02-0877, 7 pp.) (James Fox, Sr. J.) 5:13-cv-00110; E.D.N.C. Holding: The administrative notice of medical negligence that plaintiff gave the government makes no mention of her hospital negligence claim, which is predicated on ...

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Tort/Negligence – Civil Practice — Agency – Duty – Corporate Negligence – Summary Judgment – Medical Malpractice (access required)

Estate of Ray v. Forgy Although under the doctrine of respondeat superior a hospital is liable for the negligence of a physician or surgeon acting as its agent, where a patient has signed separate treatment and release forms with a physician, it suggests the plaintiff looked to the doctor separately and distinctly from the hospital to receive treatment.

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Hospital horror leads to $15.5 million settlement  (access required)

A young woman walked into a hospital emergency room seeking help for a relatively minor ailment and ended up brain dead after suffering through a series of shocking oversights at the hands of doctors, nurses and pharmacists. The hospital’s mistakes were so profound that it eventually agreed to settle the woman’s medical negligence case for $15.5 million – one of the largest verdicts of its kind in North Carolina history. But the agreement came with an all-too-common catch: The hospital could not be named and the identities of its attorneys and the plaintiff also had to be withheld from the public. Even the court in which the case was filed had to be kept secret. Alan W. Duncan (pictured), Allison O. Van Laningham and Stephen M. Russell Jr. of Greensboro’s Smith Moore Leatherwood, which typically defends health care providers in medical malpractice cases, represented the young woman whose life was altered by the hospital’s negligence.

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Are health courts coming to a state near you? (access required)

Buried in the White House's federal budget plan is a proposal to encourage states to reform their medical-malpractice laws. The budget proposes a total of $250 million in Department of Justice grants to "provide incentives for state medical malpractice reforms," $100 million for 2012 and $50 million for each of the next three years. It's not the first time President Barack Obama has mentioned med-mal tort reform.

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Med-mal bill would cap damages, increase threshold for ER claims (access required)

The state's legal landscape for medical-malpractice lawsuits would undergo a seismic shift and North Carolina would join 28 other states with caps on damages if a bill introduced last week becomes law. The bill, S. 33, is now being debated in the Senate's Judiciary I Committee. At a packed hearing before the committee Thursday, it attracted the attention not only of attorneys and doctors, but also such diverse entities as the AARP and the N.C. Chamber of Commerce. The bill would limit noneconomic damages in medical-malpractice cases to $250,000. It would also require a showing of gross negligence by clear and convincing evidence if the claim involved emergency care, and allow separate trials for liability and damages if either party asks for it.

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