New Law to Help Those Injured by a Doctor

Christina Medlin

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Those injured by the negligence of doctors often can not get a lawyer to take their case if the injuries are not catastrophic simply because the cost to litigate such cases is astronomical! Doctors and Lawyers have debated this issue for years in NC. Now NC Trial Lawyer and Doctors have come to a compromise.

Under a bill being considered by the NC General Assembly, plaintiffs and defendants in a patient negligence lawsuit against a doctor or hospital could agree to settle their case under binding arbitration. The two sides could agree on an arbitrator or ask a court to select one. Hearings would begin no later than 10 months after agreeing to enter the procedure, and the arbitrator would have to issue a decision within two weeks of the hearing's close. Appeals would be very limited. This new system will allow smaller cases to be fast-tracked and resolved quicker.

This legislation modeled after a bill that passed in Washington State last year is an attempt to hold doctors accountable and allow individuals to seek justice for injuries that are not life threatening but did cause personal injury to them or a loved one. The bill caps damages in medical malpractice cases at $1 million for plaintiffs and defendants who agree to go to binding arbitration.

An average of 600 medical malpractice lawsuits have been filed annually in North Carolina courts from 1998 to 2006, with the yearly totally falling in recent years, according to an NC Academy of Trial Lawyers report based on state court data. Only about 4 percent of the cases actually receive a jury verdict, with patients winning about one in every five. The median award was a little more than $300,000, the report said, although that doesn't include out-of-court settlements and some awards that were in the millions.
Lawmakers, trial lawyers, doctors and hospitals are hopeful that the current bill, finalized after weeks of negotiations will signal a new era of cooperation. The bill passed the House with a vote of 110-3, and now goes to the Senate for debate.

Keep track of H 1671 Arbitration/Negligent Health Care Actions.