North Carolina lawmakers made a mild breakthrough last week on medical malpractice reform, agreeing to limit monetary damages in certain health care negligence cases.
The bill would cap monetary damages in negligence cases involving a health care provider at $1 million, but only for those who agree to go to binding arbitration. The measure is supported by the N.C. Academy of Trial Lawyers and the N.C. Medical Society.
The bill was unanimously approved by the House and sent to Gov. Mike Easley, marking a success in the often antagonistic relationship between physicians and trial lawyers. Physicians that support capping monetary damages blame malpractice lawsuits for rising insurance premiums, but trial attorneys argue that patients need financial protection for mistakes made by bad physicians.
The legislation allows plaintiffs and defendants — such as a doctor, hospital or other health care provider — to have their case settled by an arbitrator selected by both sides or by the court at the parties’ request.
Under the bill, hearings would begin within 10 months of the parties agreeing to enter into arbitration. The arbitrator would have to issue a decision within two weeks of the hearing’s close, and all monetary damages would be limited to $1 million. Few appeals would be allowed.
Between 1998 and 2006, an average of 600 medical malpractice lawsuits were filed each year in North Carolina and the median award for cases decided by a jury was slightly more than $300,000, according to a report by the N.C. Academy of Trial Lawyers.
286.714285714286 says: 
286.714285714286 says: 
iceman says: 
Banks Still Face Legal Claims After $25 Billion Settlement
MF Global Judge to Examine Insurance Payments for Former Executives
Daredevil CEOs May Put Companies at Risk
California Independent Contractor Law May Be Liability for Agents, Brokers
North Carolina Continues Auto Regulation Debate As Rates Stay Same for 2012
Long-time California Lobbyist Looks to 2012 Legislation Affecting Insurance
Mine Safety Chief Seeks to End Complacency Over Safety
Virginia Court Grants Rehearing of Global Warming Claims Case
