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Tag Archives: Damages

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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Commissioner: Dog had no intrinsic value to its owners (access required)

A Jack Russell terrier that died due to the negligence of the N.C. State University Veterinary Teaching Hospital had no intrinsic value to its devoted owners, a deputy commissioner for the N.C. Industrial Commission has ruled. Deputy Commissioner George T. Glenn II awarded only the $2,755 in veterinary bills that were presented to the couple after their 12-year-old dog died in the intensive-care unit of the hospital, saying that the plaintiffs had failed to prove by the greater weight of the evidence that the dog had any intrinsic value.

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