North Carolina Medical Malpractice Archives - Page 4 of 7

North Carolina Assisted Living Facility Cited For Dementia Residents Fight Club

November 10, 2019

On July 26, 2019, the North Carolina Division of Health Service Regulation cited a North Carolina assisted living facility (adult care home) stating: “Based on observations, interviews and record reviews, the facility failed to assure 3 of 6 sampled residents (Residents #8, #9 and #10) in the [...]

Federal Appellate Court Reverses Summary Judgment For Mail Order Pharmacy Accused Of Misdirecting Drugs To Elderly Patient

July 10, 2019

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”), in its opinion published on June 12, 2019, held: “this case is remanded to the district court so it can determine whether the expert opinions that [the plaintiff’s] taking some of the misdi[...]

North Carolina Appellate Court Rejects Loss Of Chance Doctrine In Medical Malpractice Case

June 3, 2019

In its opinion filed on May 21, 2019, the Court of Appeals of North Carolina (“North Carolina Appellate Court”) held: “There is a split of authority around the country as to whether a patient may recover for the injury of the mere “loss of chance” of a better medical outcome pr[...]

North Carolina Appellate Court Allows Medical Malpractice Plaintiff To Amend Her Complaint To Comply With Rule 9(j)

December 23, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its decision filed on December 4, 2018 that the trial court erred in dismissing the plaintiff’s medical malpractice complaint under Rule 9(j) and erred in denying her motion to amend. The Underlying N[...]

North Carolina Appellate Court Applies Continuous Course Of Treatment Doctrine In Reviving Medical Malpractice Case

October 30, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) applied the continuous course of treatment doctrine in its opinion filed on September 18, 2018 in reviving a North Carolina medical malpractice case in which the plaintiffs alleged that the defendant obstetrician g[...]

North Carolina Supreme Court Reverses Lower Appellate Court, Finding That Plaintiff’s Claim Was Medical Malpractice, Not Ordinary Negligence

September 26, 2018

The Supreme Court of North Carolina, in it’s two-page opinion filed on August 17, 2018, “agree[d] that the majority at the Court of Appeals erred when it converted plaintiff’s claim of medical malpractice into a claim of ordinary negligence … We therefore reverse the decision of [...]

North Carolina Appellate Court Reverses Directed Verdict For Defendant Neuropathologist

August 21, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) reversed the directed verdict entered in favor of the defendant neuropathologist in a North Carolina medical malpractice case in an unpublished opinion filed on July 3, 2018, holding that it is not necessary that a[...]

Fourth Circuit Court Of Appeals Reinstates Punitive Damages Award In Federal Nursing Home Wrongful Death Case

August 4, 2018

In an unreported opinion filed on August 2, 2018, the U.S. Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) reversed the district court’s grant of judgment for the nursing home defendants as to the jury’s award of punitive damages for the plaintiffs, and re[...]

North Carolina Nursing Home Wrongful Death Lawsuit Filed For Death Of 98-Year-Old WWII Veteran

July 12, 2018

The family of a 98-year-old World War II Army veteran, who died in the defendant nursing home on January 26, 2017 after screaming in pain for one week as a result of the serious injuries he suffered as a result of a fall at the nursing home, has filed a North Carolina nursing home wrongful […[...]

North Carolina Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

May 11, 2018

In its unpublished opinion filed on April 17, 2018, the Court of Appeals of North Carolina (“North Carolina Appellate Court”) held that the trial court erred in disqualifying the plaintiff’s expert witness and reversed the trial court’s order that granted summary judgment to the defe[...]

$1.8M North Carolina Medical Malpractice Settlement For Failure To Timely Re-Intubate After Untimely Removal From Ventilator

April 3, 2018

The family of a 30-year-old woman who died after she suffered profound and irreversible brain damage because she was removed from a ventilator too soon following surgery, and attempts to re-intubate her were too late and unsuccessful, have agreed to settle their North Carolina medical malpractice cl[...]

North Carolina Appellate Court Says Adjudication Of Incompetency Not Necessary To Toll Statute Of Limitations In Medical Malpractice Case

January 19, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its January 2, 2018 decision that the trial court erred by determining that an adjudication of incompetency pursuant to Chapter 35A was required for the statute of limitations to be tolled in the present ca[...]

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Category: North Carolina Medical Malpractice