Home » Law and Legal Articles » Hurdles and Limits: North Carolina Medical Malpractice Damages Caps
Hurdles and Limits: North Carolina Medical Malpractice Damages Caps
In October, 2011, caps on the amount of damages that victims in North Carolina can recover in medical malpractice cases took effect.
December 07, 2011 /Law and Legal PR News/ -- Medical malpractice can be very trying for its victims, the patients who have placed their care in the hands of a physician. While medical care and medical procedures are undertaken everyday, negligent mistakes do occur. Medical malpractice or medical negligence is the breach of the normal local standard of care that a physician owes to his or her patient. These breaches or medical errors often cause significant injury or even death.
Before an injured patient in North Carolina can file a medical malpractice claim against a physician, another physician practicing in the same specialty must certify that the treating physician committed malpractice. Because most physicians in North Carolina carry medical malpractice insurance through just a few insurance companies, few physicians may be willing to certify a case as their malpractice coverage may be affected. Consequently, experts outside of North Carolina must usually be procured. This is expensive with most physicians requesting significant retainers to review cases. Therefore, each case must be carefully reviewed by an experienced attorney with medical knowledge.
Recently, the North Carolina legislature passed a bill that limits injured patients' recovery in medical malpractice cases. Effective October 1, 2011, patients are limited in the amount they can recover for certain damages. In a medical malpractice case, damages can include medical bills, lost wages, permanent injury, loss of use of a body part and pain and suffering. The new limits or cap enacted by the North Carolina legislature limits "non-economic" damages to $500,000.00 for any cases filed on or after October 1, 2011. "Non-economic" damages are not medical bills or lost wages. "Non-economic" damages are pain and suffering, loss of a limb or body part, loss of use of a body part, permanent injury and disability. No matter whether you lose your sight, both legs, an arm or suffer permanent kidney or heart damage, your pain and suffering loss is now limited to $500,000.00. This limit does not apply to medical bills or lost wages. For the injured patient who is 55 years of age and can no longer work, he can still recover his lost wages. The patient injured who sustains medical bills and future medical care can recover those amounts. To those types of damages, the cap or limit does not apply. But to the infants, the young and the elderly, this cap may be especially painful. The grandfather who just retires and loses his sight or has his heart or kidneys damaged now is limited in his recovery for pain and suffering, disruption of his retirement and the stress of his injury. The young person who is not yet employed who loses an arm or leg and, therefore, is limited in his or her employment or career will also be limited by the cap on damages.
According to opponents of tort reform, the North Carolina legislature has replaced the judgment of jurors with their own judgment. Opponents maintain that limits on pain and suffering or "non-economic" damages are but another roadblock to justice for people injured by medical malpractice.
Article provided by Ingram Law Office - Raleigh Personal Injury Attorney
Visit us at www.jringram.com
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