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In a recent North Carolina appellate case, the plaintiff appealed after a lower court granted a directed verdict for a hospital on a medical negligence claim. The plaintiff claimed that the hospital’s process for X-ray over-read discrepancies wasn’t up to the professional standard of care for hospitals. The case arose when a man came to the ER of a hospital, asking…
In a recent North Carolina appellate decision, the court considered an appeal dismissing a plaintiff’s complaint against a doctor, health care system, and physician group. The plaintiff had sued the defendants, asking for money damages for medical negligence after the defendant doctor performed heart surgery on the plaintiff. During surgery, the doctor didn’t control or monitor the plaintiff, and while…
In a recent North Carolina appellate case, the court considered injuries to a basketball referee. The case arose while the plaintiff was hired to referee a high school basketball game. The tournament was created by a basketball club, but the high school was managed by the Education Board. The club paid the Board a fee to use their basketball court…
In a recent North Carolina appellate case, the plaintiffs appealed from a judgment in favor of a women’s center and two health care providers. According to their complaint, one of the plaintiffs had come under the medical care of the defendants to manage her pregnancy. In March 2007, she was admitted for the medical induction of labor after her pregnancy…
In a recent North Carolina appellate decision, an aircraft company appealed from a denial of its motion to dismiss. The plaintiff was the executor of a couple’s estates. He sued the aircraft company as well as four other companies. Two of the defendants were North Carolina corporations, known as the AirCare defendants. The case arose when the couple was flying in…
In a recent North Carolina appellate decision, the defendants appealed from a motion to dismiss on the basis of public official immunity. A child and his mother sued the defendants for negligence, gross negligence, negligent infliction of emotional distress, medical malpractice, and punitive damages. They alleged that after the child was born, the defendants, who were employees of the North…
In a recent North Carolina appellate case, the court considered parents’ claims related to the negligent injury of their minor daughter. The parents had sued a major chain restaurant in Durham County, alleging that it was incorporated in California but engaged in commerce within North Carolina under a Certificate of Authority and did business with the public in counties in…
In a recent North Carolina appellate case, a two-year-old child sued several individuals and the executrix of an estate that was doing business as a childcare center. The child was going to the childcare center in 2010 on the date in question. While running on the daycare property, she was hit by another kid who was also attending the center.…
You should consult an attorney as soon as you know you’ve suffered injuries, or you risk facing the loss of your ability to recover for damages based on the statute or limitations as well as the statute of repose. In an unpublished North Carolina appellate case, the plaintiff appealed from orders that granted a college’s motion for judgment on the…
In Livingston Gause v. New Hanover, a North Carolina appellate court considered whether a patient’s fall during an X-ray brought his injury claim under medical malpractice laws. The case arose when a daughter drove her mom to the ER because she had chest pains related to a fall. The mother was 73 and had a history of falls. At the…