Costs: "Costs can be loosely categorized as those costs that can and usually are awarded to the
COSTS: HOW THEY ARE AWARDED AND WHY YOU SHOULD BE AWARE OF THEM Costs can be loosely categorized as those costs that can and usually are awarded to the winning party in a civil negligence case and the litigation expenses you should anticipate incurring in your case. While these two areas of costs are interrelated, this overview is solely focused on the first type. In North Carolina, in any negligence action, including medical malpractice, certain costs have been determined by
Damages: "Damages are fundamental to any medical malpractice case in North Carolina. An essenti
Damages are fundamental to any medical malpractice case in North Carolina. An essential part of any medical malpractice case is showing that you were injured by the negligence of a health care provider. In addition, the extent of your damages are an important factor to consider when deciding whether to pursue a claim against your health care provider. Damages in a civil action are classified as either economic or non-economic damages. Economic damages include various specific
The North Carolina Business Court: "established to provide a forum for complex business cases t
THE NORTH CAROLINA BUSINESS COURT: SEEKING BUSINESS COURT JURISDICTION AND WHY YOU’D WANT TO The North Carolina Business Court was established to provide a forum for complex business cases to be heard before judges knowledgeable about the pertinent issues. There are many types of cases which may qualify as complex business cases. For the purposes of this overview, however, it will suffice to say that the Business Court is for those cases which, based upon their subject matter
Expert Witnesses: "One of the most important parts of almost every medical malpractice action i
EXPERT WITNESSES- WHAT ARE THEY AND WHY DO I NEED ONE? One of the most important parts of almost every medical malpractice action in North Carolina is the expert witness. Although there is a great body of law on the subject, this overview shall attempt to give you a general understanding of who qualifies as an expert their role in your case, and why you need one. North Carolina law requires almost all medical malpractice cases to be reviewed by an expert witness prior to fil
Causation: "An essential part of any medical malpractice case is showing that the health care p
THE APPLICABLE STANDARD OF CARE The standard of care is an important phrase you will hear often in any medical malpractice case in North Carolina. An essential part of any medical malpractice case is showing that the health care provider failed to meet this standard of care while providing treatment to the injured party. North Carolina General Statute §90-21.12 defines the standard of care as “the standards of practice among members of the same health care profession with sim
EMERGENCY MEDICINE: Failure to Properly Evaluate and Refer to Urologist Following Blunt Trauma to Te
We thank Charles E. Rawlings, attorney for the plaintiff, for sending us a report of this case. The plaintiff went to the emergency room at Cherokee Indian Hospital in Cherokee, North Carolina with acute pain caused by testicular trauma after being hit by a softball. The plaintiff was also urinating blood. The plaintiff was evaluated by family nurse practitioner Michael B. Wiseman, who prescribed hydrocodone and naproxen. The plaintiff was discharged three hours later with ad