Miscellaneous

• $10.1 Million Settlement for Permanent Disabling Condition of Baby

  Brent Adams | September 11, 2007 8:48 AM | 0 CommentsRaleigh, NC

  A North Carolina hospital and physician agreed to a settlement of a medical negligence claim with a value of $10,169,065.00.The claim arose from a heart catheterization of a three month old girl which was done to investigate a congenital heart defect.During the heart catheterization procedure, an assistant in the operating room handed the cardiologist the wrong type of catheter. The cardiologist...

• Medical Providers Cannot Collect From Workers' Compensation Claimant

  Brent Adams | September 05, 2007 8:42 AM | 0 CommentsRaleigh, NC

  Doctors, hospitals and other healthcare providers cannot legally bill or collect fees from workers' compensation claimants.North Carolina law is very clear on this point. By statute, in North Carolina it is illegal for healthcare providers to attempt to collect payment for medical or healthcare services without that bill having first been approved by the North Carolina Industrial Commission....

• Employer Liable for Making Back Condition Worse

  Brent Adams | September 04, 2007 8:40 AM | 0 CommentsRaleigh, NC

  North Carolina law provides that if a worker suffers a specific traumatic incident which worsens a preexisting injury or defect in the back, then the worker is entitled to workers' compensation benefits as a result of the worsening of the preexisting back condition.An example of that law arose in the case of Queen v. Penske Corp. in this case, the worker was born with a back condition known as...

• $10,000,000.00 Settlement in Tree Branch Case

  Brent Adams | September 03, 2007 8:39 AM | 0 CommentsRaleigh, NC

  A 31-year-old man and his wife obtained a $10,000,000.00 settlement for injuries sustained when a large tree branch, which hung over a street, broke off and landed on the man's car. The trunk of the tree was located on private property.The victim suffered a broken neck at the C5 level which rendered him a quadriplegic.These injuries were similar to that sustained by Christopher Reeves, the actor...

• No Insurance? Permanent Loss of License

  Brent Adams | August 25, 2007 8:37 AM | 0 CommentsRaleigh, NC

  Most people are aware that liability insurance is compulsory in North Carolina. Each owner of an automobile is required by law to have liability insurance which pays a minimum of $30,000.00 to anyone injured as a result of a negligent driving.The insurance is tied to the car, not the driver.The driver, however, could lose his operator's license permanently if he is driving a car that is not...

• Beware of Subrogation Claims

  Brent Adams | August 23, 2007 12:03 PM | 0 CommentsRaleigh, NC

  When a personal injury case is settled and the victim receives money from the insurance company which insures the negligent party, many times the health insurance carrier makes a claim against the victim for medical bills paid by the medical insurance company.The medical insurance company claims that they have right of "subrogation" and that as such they are entitled to be reimbursed for any...

• Be Aware of Medicare Liens

  Brent Adams | August 22, 2007 12:02 PM | 0 CommentsRaleigh, NC

  When an individual has a personal injury claim arising out of the negligence of another, that claim could be subject to a Medicare lien.The Medicare lien means that when a recovery is obtained from a third party, the lawyer is legally bound and obligated to pay the Medicare claim from the proceeds of the recovery from the negligent party.If Medicare pays medical expenses arising out of an injury...

• Duke Hydraulic Fluid Mishap Statute of Limitations Looms

  Sheila Chavis | August 21, 2007 10:09 AM | 0 CommentsRaleigh, NC

  Patients who were exposed to hydraulic fluid during surgery at Duke-affiliated medical centers have just a few more months to file a lawsuit before a three-year statute of limitations protects the hospitals and the companies connected with the error. Nearly three years ago, the public was made aware of a mix-up of major proportions at two Duke-affiliated medical centers. In January 2005, Duke...

• Warehouse Party Injury Covered by Homeowner's Insurance

  Brent Adams | August 16, 2007 4:55 PM | 0 CommentsRaleigh, NC

  The North Carolina Court of Appeals has held that two guests injured in a fire during a homeowner's birthday party held at the warehouse could recover under the host's homeowner's insurance. This is true even though the warehouse party was held more than twenty miles from the host's home. The host resided in Durham and the warehouse is in Raleigh.The homeowner's policy covered this loss because...

• Investigating Officer Cannot Testify Concerning Speed

  Brent Adams | August 15, 2007 8:25 AM | 0 CommentsRaleigh, NC

  Many people are concerned about what an investigating officer writes in an automobile accident report concerning speed and other circumstances relating to a collision. Unfortunately, insurance companies usually accept the investigating officer's statement in an accident report as being accurate. Many valid claims are denied based upon faulty information in an accident report.There is usually no...