North Carolina Medical Malpractice Archives - Page 3 of 7

North Carolina Appellate Court Overturns Dismissal Of Medical Malpractice Case Based On Statute Of Limitations

January 20, 2021

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 a specialist after a test showed that[...]

North Carolina Supreme Court Declines To Adopt Loss Of Chance Doctrine In Medical Malpractice Cases

December 22, 2020

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 change our existing jurisprudence reg[...]

North Carolina Appellate Court Affirms Plaintiff’s Expert Failed To Establish Medical Negligence

November 5, 2020

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 negligence, fails [...]

North Carolina Supreme Court Affirms $6M Medical Malpractice Verdict For Misdiagnosis Of Heart Attack

October 27, 2020

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 a directed verdict on pain and suffe[...]

North Carolina Supreme Court Rules Internist Qualified As Expert Against Hospitalist In Medical Malpractice Case

September 26, 2020

The Supreme Court of North Carolina (“North Carolina Supreme Court”) stated in its August 14, 2020 opinion, “we must determine whether an internist proffered by plaintiff to provide standard of care expert testimony against three hospitalists is properly qualified under Rule 702(b)[...]

North Carolina Appellate Court Revives Medical Malpractice Case Dismissed Under Rule 9(j)

August 29, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”), in its opinion dated April 21, 2020, stated, “we hold that the trial court erred in dismissing Plaintiffs’ claims against the Doctors based on a failure to comply with Rule 9(j) at this stage of the litiga[...]

North Carolina Appellate Court Cites Old Precedent In Affirming That Nurses Cannot Be Held Liable For Medical Malpractice In North Carolina

July 28, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated in its opinion dated June 16, 2020: “Nearly a century ago, our Supreme Court rejected the notion that nurses can be liable for medical malpractice based on their diagnosis and treatment of patients. Th[...]

North Carolina Appellate Court Finds Nursing Home Arbitration Agreement Ambiguous

July 24, 2020

In its opinion dated April 21, 2020, the Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated, “here the admission agreement’s clause expressly reserving the right to a bench trial cannot be read in harmony with the arbitration agreement’s clause express[...]

North Carolina Joins Other States In Providing Medical Malpractice Immunity During Coronavirus Pandemic

May 6, 2020

North Carolina joins an increasing number of U.S. states providing health care providers with immunity from medical malpractice claims during the coronavirus pandemic, except for “gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or health car[...]

North Carolina Appellate Court Discusses Intervening Cause In Upholding Medical Malpractice Defense Verdict

March 11, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court””) held in its opinion dated January 21, 2020: “even if a third-party is not a party at trial, an instruction on intervening negligence may be given if the evidence at trial shows that the third-party’s[...]

Federal Appellate Court Affirms Summary Judgment For Nursing Home In Aspiration Death Case

February 6, 2020

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) in its unpublished opinion dated January 15, 2020 upheld summary judgment for the defendant nursing home in a nursing home negligence case out of North Carolina that alleged that the defendant nursing h[...]

$816,988 North Carolina Medical Malpractice Verdict For Failure To Diagnose Spinal Epidural Hematoma After Neck Surgery

January 7, 2020

On December 13, 2019, a North Carolina medical malpractice jury deliberated for three and a half hours before returning its verdict in the amount of $816,988 against an emergency room physician, an orthopedic surgeon, and a hospital. The North Carolina medical malpractice jury awarded $400,000 in pa[...]

« 1 2 3 4 5 6 7 »

Category: North Carolina Medical Malpractice