Quantcast
Home (page 9)

Tag Archives: Medical Malpractice

Civil Practice – Venue – Unemancipated Minor – Guardian ad Litem – Tort/Negligence – Medical Malpractice – Appeals (access required)

Jenkins v. Hearn Vascular Surgery, P.A. Even though the infant plaintiff has spent her entire life in a Forsyth County hospital, since she is an unemancipated minor who has not been abandoned, she is considered a resident of her parents’ home in Alamance County. All parties are Alamance County residents; therefore, venue in Forsyth County is improper.

Read More »

Tort/Negligence – Medical Malpractice – Emergency Responders – Plaintiff Believed Dead – Immunity – Gross Negligence Allegation – First Impression (access required)

Green v. Kearney Even though plaintiff labels defendants’ actions as “gross negligence,” defendants’ alleged actions — in failing to ascertain that plaintiff was in fact alive - were merely negligent. Therefore, defendants are entitled to immunity under G.S. § 90-21.14. We affirm summary judgment for the defendant-emergency responders.

Read More »

Insurance – Medical Malpractice – Doctor Shortage – Full-Time, Temporary Work (access required)

Cinoman v. University of North Carolina There are genuine issues of material fact as to whether the plaintiff-physician was an independent contractor or an employee of the defendant-university hospital and as to whether or not plaintiff was required to have his own medical malpractice insurance. We reverse summary judgment for defendants.

Read More »

Medical malpractice actions continue to fall  (access required)

The number of medical malpractice lawsuits filed in North Carolina continued to decline in the first half of 2011, and many lawyers expect the trend to gain momentum when tort reform becomes effective next month. According to the latest statistics available from the N.C. Administrative Office of the Courts, 227 med-mal suits were filed in the state from the beginning of this year to June 30. Ten more cases were filed during the same period last year.

Read More »

Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Physician-Patient Privilege – Surgeon’s Neuropathy (access required)

Nicholson v. Thom Although the defendant-surgeon contends that her left-hand brachial plexus neuropathy is the result of an injury that occurred more than a month after she operated on plaintiff’s decedent, the trial court did not abuse its discretion in requiring the surgeon to produce records relating to her neuropathy, sealed and only to be reviewed by plaintiff’s counsel. We affirm the trial court’s discovery order.

Read More »

Tort/Negligence – Medical Malpractice — Piercing the Corporate Veil – Insurance – Contribution – Settlement Agreement (access required)

Health Management Associates, Inc. v. Yerby Where plaintiff HMA was judicially estopped from asserting that the corporate veil should be pierced between HMA and Louisburg HMA, HMA was not licensed as an insurance carrier in North Carolina, and Louisburg HMA paid no monies to settle the patient’s lawsuit, the trial court did not err in finding that neither HMA nor Louisburg HMA had standing to recover contribution from defendants.

Read More »

Tort/Negligence – Medical Malpractice – Civil Practice – Rule 9(j) – Dismissal Without Prejudice – Re-Filing (access required)

McKoy v. Beasley Where plaintiff’s original complaint failed to comply with N.C. R. Civ. P. 9(j), Rule 9(j) was not satisfied when the original complaint was dismissed without prejudice and plaintiff re-filed within one year - but outside the statute of limitations - with Rule 9(j) allegations in her re-filed complaint.

Read More »

Pro-business or anti-lawyer? Lawyers’ groups muse about the impact of recent legislation.  (access required)

As the political tides turn in the North Carolina General Assembly, so does the nature of the legislation being passed. With the new Republican majority taking up various reforms as a way to make the state more business-friendly, lawyers — particularly plaintiff’s attorneys — ended up as collateral damage. “Lawyers are not in very good odor in the Legislature right now,” said recently appointed North Carolina Bar Association President Martin Brinkley. The big bills that passed over the last session are evidence of the anti-lawyer sentiment: A tort reform bill, a worker’s compensation bill and a medical malpractice bill all gave the average Joe less ground for a lawsuit.

Read More »

A case for extra care: Malpractice suits require plenty of support and expense (access required)

The term frivolous lawsuit is tossed around a lot, but attorney Ben Smith of Price, Smith, Hargett, Petho and Anderson in Charlotte finds the phrase objectionable in his practice area. “The phrase doesn’t exist in medical malpractice, and I resent people who go in public and say it does,” Smith said. “There is a large entry price in any case. You have to have an expert review the records, and they have to give a preliminary opinion on the case based solely on the record. You don’t really get to the meat of the case until you take a deposition, and that comes much later.”

Read More »

Tort/Negligence – Industrial Commission – Medical Malpractice – Rule 9(j) (access required)

Stevenson v. N.C. Dep't of Correction A medical malpractice claim against a state agency filed under the Tort Claims Act must comply with N.C. R. Civ. P. 9(j), which requires a showing that an expert will testify that care was substandard or that there was negligence under res ipsa loquitur. We affirm the dismissal of the complaint without prejudice; we also remand for correction of clerical error.

Read More »