North Carolina Medical Malpractice Reform

 

The North Carolina Senate recently approved a sweeping overhaul to the state's medical malpractice laws. Senate Bill 33 would limit certain monetary damages for patients who have been injured due to medical malpractice. Under the new law, the standard of malpractice for emergency room doctors would change from ordinary negligence to gross negligence. Proponents of the bill say that these changes are necessary as emergency medicine is a riskier specialty than other areas of practice. Lawyer firm in Texas. However, opponents of the bill argue that by changing the standard to gross negligence, it makes it almost impossible for an emergency room doctor to be liable for their mistakes as it requires willful misconduct.

Another controversial provision of Senate Bill 33 places a cap of Five Hundred Thousand Dollars ($500,000.00) for non-economic damages. This does not include medical bills or lost earnings as a result of the medical malpractice. Supporters of the bill believe that by placing the cap on non-economic damages, it will allow for insurance companies to lower the cost of malpractice insurance. In addition supporters believe that malpractice reform will lead to lower health-care costs and increased access doctors. However, critics argue that the cap violates citizens constitutional rights to a trial by jury, as jurors are the proper people to determine the amount of compensatory damages to be awarded. The House is likely to take up the matter next week.