Wrong Diagnouses

Misdiagnosis of injury or illness in the emergency room or is a common occurrence. Unfortunately, the North Carolina legislature passed a series of medical malpractice reforms in 2011 which have severely restricted the ability of malpractice victims to pursue their claims in court. Under section 90 – 21.12, medical malpractice actions arising out of the furnishing or failure to furnish professional services in the treatment of an emergency medical condition, must be proven by clear and convincing evidence. This is a change from prior law which merely required the greater weight of the evidence. Furthermore, are limited to $500,000 with some exception. The consensus among attorneys who practice medical malpractice is that these changes will result in fewer plaintiff verdicts in fewer viable cases being brought to court.