Governor Perdue vetoed it, but the NC House overturned it. Senate Bill 33 has passed. (You can read the bill in full here.) Many times in a case involving a client who was the victim of medical malpractice, we have called into court records the testimony of an expert in the field. While this professional was not directly involved in the incident, he or she knows the Standards of Practice that medical workers in that industry must work within. But now the Standards of Practice have been lowered — there are changes in the levels of misconduct and intent required to prove negligence. And the expert testimony can only be based on evidence and information in the actual case at hand — there can be no reference to other occurrences or hypothetical situations.

Here’s another part of the “reform” bill — the maximum amount of money recovered for non-economic damages has been set at $250,000. That’s a lifetime maximum of a quarter million dollars but what’s the price to pay for causing pain, suffering, stress and physical impairment to a person? Economic damages such as a loss of income or medical charges are simple to pinpoint, based on past history and dollar amounts. But now there’s a cap on the price to be paid for pain.

One other change that the bill invokes is for judges to determine if the payment of an award is to be completed in one lump sum or if it can be paid to the defendant in periodic payments. Medical malpractice victims may now receive their award amounts on a payment plan — in installments. It’s as though they had received their emotional stress and pain only in installments. Ridiculous doesn’t even cover it.

Surely only the medical industry benefits from these changes in malpractice liability and award payments.

This article was written by Chip Permar

It can be difficult to determine at what point a case can be settled. In a recent case, we had a client who suffered a neck injury requiring cervical fusion as a result of an automobile collision. We contacted the insurance company of the driver who was at fault, and they took the position that the injury was not related to the wreck. They offered a small amount of money, and they hoped that we would all go away. At our recommendation, our client refused their offer, and we filed a lawsuit. After litigating the case with the insurance company for many months, they increased their offer. We didn’t think it was fair, based on the damage that had been done to our client. So we prepared for trial. A few weeks before trial, the insurance company finally offered a fair settlement which was substantially larger than their initial offer. While we cannot guarantee similar results in every case (see our blog on this topic), in this instance Perseverance paid.

This article was written by Chip Permar

How can “Lightning Strike Twice?” Being involved in an accident is enough of a blow, but did you know that insurance companies and adjusters often try to knock you down again? Read our book, just published this year, in the Library section of our website. You can also call or email us, and we’ll send you a copy — no strings attached. We’re sharing this basic information about how the system works — the good and the bad — so that you can be educated. And that’s good for everyone.

Folks who hire us will sometimes say that their friends or relatives have been involved in “the same kind of accident,” or that their neighbor got a “large amount of money” in her case. These “friends and family” scenarios often create unrealistic expectations. We remind our clients that no two cases are the same. The facts of each case make it unique and dictate an outcome specific to that case. In addition, laws change all the time and what was available or achievable three years ago may be different today. Sometimes for the better.

A traffic accident or a construction site collapse may be similar to another accident — but they’re not the same, and the difference is often in the details. For instance, if you’re hurt because of a car wreck and it’s the other driver’s fault, you should be compensated. But the amount of compensation depends on your circumstances. If you’re retired, you did not lose wages because of the accident. An injured person in another case could have been out of work for a week or more, and should get lost wages. Sometimes people are working but don’t record their earnings with the IRS or an employer. They get paid “under the table.” That makes it difficult to document later when seeking lost wages. As another example, a window washer can fall from scaffolding that’s one story high or five stories high, and the outcome could be dramatically different, even though they’re both work-related falls. Or a negligent party may have a lot of insurance in one case and little or none in another. The amount of coverage available makes a huge impact in your recovery. Accidents can also make an existing injury worse, and payment to the injured party could be less if there was a pre-existing medical condition.

There is no simple formula to predict an outcome in your case. It’s important for your attorney to know and discover everything possible about your case to give you the best chance for a successful outcome. Don’t try to forecast the results of your case based on what you think has happened to others. Rely on your legal team to communicate with you and to take the time to research and review the circumstances of your specific situation before a compensation figure can be determined.

This article was written by Chip Permar

What should you do when a person you cherish is injured while in a hospital or nursing home and you believe the facility and its employees to be at fault?

If you suspect that your loved one has been the victim of below standard care, consider investigating the facility. Evidence of continual dehydration, bed sores or pressure sores, repeated falls, weight loss and complaints of pain can be signs of a problem. But you need intervention by a professional. Go to the Division of Health Service Regulation website, also known as the Division of Facilities Services, for our state where you will find information on how to file a complaint. As noted on their website, all claims should be filed within a year of the incident. They will evaluate and review the records of the hospital or nursing home and begin an investigation if they find it is necessary. Our law firm will also review your case for a potential claim and help determine next steps. Hospitals, nursing home and even home health care workers can be neglectful, have too many patients and not enough licensed, certified staff to care for each of them. We’ll work together to determine what can be done.

This article was written by Todd P. Oxner