North Carolina medical malpractice lawyers Archives - Page 2 of 3

North Carolina Nursing Home Had Three Staff For 98 Residents When Two Discovered Dead

April 18, 2022

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 residents of the facility. When Thomasville police offic[...]

North Carolina Appellate Court Rules Laser Hair Removal Claim Was Medical Malpractice Claim

September 3, 2021

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 negligence: “We hold 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 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 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[...]

North Carolina Appellate Court Reverses Post-Verdict Amendment Of Medical Malpractice Verdict, Grants New Trial On Damages Only

July 22, 2017

In its opinion filed on June 20, 2017, the Court of Appeals of North Carolina (“Appellate Court”) held that the trial court was within its discretion to set aside the jury verdict in a North Carolina medical malpractice case on the ground it was grossly inadequate but the trial court act[...]

North Carolina $4 Million Verdict For Nursing Malpractice

May 26, 2013

During late April 2013, a Hertford County, North Carolina medical malpractice jury awarded $4 million to the estate of a deceased patient of a psychiatric acute care inpatient facility who died on April 24, 2009 after going into a diabetic coma on April 13, 2009 following an insulin overdose at[...]

North Carolina Medical Malpractice Medicaid Recovery Law Unconstitutional

March 28, 2012

Sometimes when there is a medical malpractice settlement, the medical malpractice claimant’s medical bills related to the medical malpractice were paid by Medicaid. Under federal law, states participating in the Medicaid program are required (with some exceptions) to seek reimbursement for me[...]

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Tag: North Carolina medical malpractice lawyers