Medical Liability Reform: Noneconomic Damages Reform: SB 33 (2011);N.C. Gen. Stat. § 90-21.19.
Limits noneconomic damages in medical liability cases to $500,000 against
Limits noneconomic damages in medical liability cases to $500,000 against all defendants. The limit is subject to adjustments, every three years starting on January 1, 2014, based on the Consumer Price Index. The legislation does provide for an exception to the limit if: (1) the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury or death; and (2) the defendant’s acts or failures, which are the proximate cause of the plaintiff’s injuries, were committed in reckless disregard of the rights of others, grossly negligent, fraudulent, intentional or with malice.
Latest News
View all news
Liability Reform Bills Prioritized and Signed in Montana
Montana Governor Greg Gianforte signs key bills aimed at improving the state’s civil justice system.
SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case
The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.
West Virginia Legislative Session Produces Batch of Legal Reform Bills Signed by Gov
Governor Jim Justice signs four key bills aimed at improving the state’s civil justice system
Louisiana Trial Lawyers Spend Big on Ads Across the State
State Senator from Shreveport-Bossier seeks to curb over-the-top, dishonest ads
Minnesotans Deserve Transparency from AG Ellison
ATRA President Tiger Joyce takes a look at Minnesota Attorney General Keith Ellison’s lawsuit claiming oil companies “deceived Minnesotans about climate change.”
West Virginia Bill Could Empower Juries With More Relevant Evidence
Bill on seat belt admissibility heads to Governor