Small Medical Malpractice Cases Easier to Handle in NC

Christina Medlin

Contributor

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Handling medical malpractice cases are difficult and expensive. Most times a lawyer will only take on med mal cases with catastrophic injuries, meaning injuries that are so deplorable and disastrous that it is obvious that the doctor was negligent in performing services.

In NC, Plaintiff's attorneys can now seek to help people who are injured by the negligence of their doctor, but whose injures are not catastrophic or life threatening. Lawyers can now help individuals who were simply injured by the negligence of a doctor and want to hold that doctor accountable for their actions. Small med mal cases can now be arbitrated thanks to the passage of HB 1671 - Arbitration/Negligent Health Care Actions. This bill creates a new system of voluntary binding arbitration with a $1million cap on damages. What this means is that the doctor and patient can voluntarily agree to arbitrate the med mal case, with the outcome being binding on both parties, and with damages capped at $1 million.

Injured patients can always continue down the typical litigation path, however, the new system has incentives for both the plaintiff and the defendant doctor. The plaintiff has a forum to discuss the case, have their voice heard, and seek some legal remedy; the doctor limits his liability (no more than $1 million) and removes himself from the lengthy and expensive litigation process.