Category: North Carolina Medical Malpractice

North Carolina Appellate Court Finds Continuing Course Of Treatment Doctrine Did Not Apply In Dental Malpractice Case

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) discussed the continuing course of treatment doctrine in its opinion filed on March 1, 2022 in a North Carolina dental malpractice case where the plaintiff alleged that during a…
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North Carolina Appellate Court Affirms Summary Judgment For Surgeon Who Implanted Gore-Tex Adhesion Barrier During Fibroid Surgery

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) affirmed in its published opinion filed on February 15, 2022 that summary judgment was properly entered in favor of the defendant surgeon involving claims that the surgeon improperly failed…
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North Carolina Nursing Home Had Three Staff For 98 Residents When Two Discovered Dead

Pine Ridge Health and Rehabilitation Center in Thomasville, North Carolina was visited by police officers on January 16, 2022 during a snowstorm after receiving calls that staff could not be contacted by telephone and had not been seen by some…
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North Carolina Nursing Home Cited For As Many As 100 Maggots Infesting Dementia Patient’s Wound

The Department of Health and Human Services Centers for Medicare & Medicaid Services Statement of Deficiencies dated September 20, 2021 for University Place Nursing and Rehabilitation Center in Charlotte, North Carolina stated: “Nurse Aide #1 … revealed [that] on 8/29/21,…
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North Carolina Appellate Court Rules Laser Hair Removal Claim Was Medical Malpractice Claim

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) ruled in its July 20, 2021 opinion that the plaintiff’s claim regarding negligent laser hair removal was a North Carolina medical malpractice claim and not a claim of ordinary…
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North Carolina Appellate Court Reinstates Mental Health Malpractice Lawsuit

In January 2017, Oliver Funez was involuntarily committed to a public hospital in Chapel Hill, North Carolina for six weeks where he was treated by Defendant Brian Robbins and other medical staff. Prior to his admission to the hospital, Oliver…
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North Carolina Appellate Court Overturns Dismissal Of Medical Malpractice Case Based On Statute Of Limitations

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on December 15, 2020 in a medical malpractice case alleging that the defendants failed to provide appropriate follow-up care or refer the plaintiff to…
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North Carolina Supreme Court Declines To Adopt Loss Of Chance Doctrine In Medical Malpractice Cases

The Supreme Court of North Carolina (“North Carolina Supreme Court”) declined to adopt the loss of chance doctrine in medical malpractice cases in its opinion filed on December 18, 2020. The North Carolina Supreme Court stated, “we are asked to…
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North Carolina Appellate Court Affirms Plaintiff’s Expert Failed To Establish Medical Negligence

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on October 6, 2020 in a North Carolina medical malpractice case, “Dr. Erdmann’s expert testimony, required to establish Plaintiff’s prima facie case of medical…
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North Carolina Supreme Court Affirms $6M Medical Malpractice Verdict For Misdiagnosis Of Heart Attack

The Supreme Court of North Carolina (“North Carolina Supreme Court”) held in its opinion dated September 25, 2020 in a North Carolina medical malpractice case, “we conclude that (1) the trial court did not err by denying defendant’s motion for…
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