New law to cap specific medical malpractice damages in North ...
A new medical malpractice reform law will cap certain medical malpractice damages in the state of North Carolina. The law will go into effect in October and some legal experts believe there may be a rush of medical malpractice cases filed before the law goes into effect. Those who support the law say the law will reduce medical insurance costs and spur economic growth.
The medical malpractice reform law will generally cap noneconomic damages at $500,000. Noneconomic damages is compensation for pain, suffering or emotional distress. Damages for medical bills or lost wages will not be capped under the new law. In addition, there will not be a cap on pain and suffering damages if a person loses the use of a body part, becomes disfigured or dies and the defendant's actions were grossly negligent or in reckless disregard of another person.
The malpractice reform bill was initially vetoed by Governor Beverly Perdue but North Carolina lawmakers voted to override the veto. Those who support the medical malpractice reform law say it will reduce defensive medicine costs and medical malpractice insurance costs. In addition, supporters say the new law may attract more doctors to the state and may offer an improved patient-physician relationship.
Critics of the reform say it may reduce the number of medical malpractice suits filed in North Carolina. Critics also say the law may be unconstitutional because the law limits the amount of damages a jury can award. Other state supreme courts have struck down similar laws that capped damages.
Source: starnewsonline.com, "New N.C. malpractice law to cap certain damages," Erin Zureick Dunn, Aug.
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