Articles Posted in Medical Malpractice

Justice is supposed to be blind. That is why the woman holding the scales of justice has a blindfold over her eyes. The implication is that everyone should be treating the same under the law. It’s one of the reasons you are entitled to trial by a jury of your peers. However, this fairly new law that was enacted in the fall of 2011 in North Carolina does just the opposite. It discriminates against Plaintiffs depending on their health insurance.

Rule 414 (or Billed vs. Paid as it may be referred) was codified in an attempt at tort reform to allegedly limit a windfall to Plaintiffs. However, in what can only be described as an extreme overcorrection, this rule of evidence has done nothing except to hurt Plaintiffs, even those with significant, serious and permanent injuries, and punish them for having health insurance and rewarding the tortfeasor (and thereby the insurance company) by making them have to pay less for the injuries they caused.

Medical Payments coverage, or “Med Pay” as it is commonly referred in North Carolina, is most often first party insurance to use toward your medical bills in the event of a motor vehicle accident. This means it is extra-contractual coverage under your own automobile insurance policy or the policy for the vehicle in which you are a passenger. Med Pay is considered extra-contractual because it is not required by law in North Carolina.

In some states, such as South Carolina, it is referred to as Personal Injury Protection or PIP. Other states, such as Florida, actually do require PIP coverage up to a minimum amount. At the Law Offices of Jason E. Taylor, PC, we recommend that you use this coverage if it is available.

440,000 people die every year from preventable medical errors. That’s right, medical malpractice kills almost a half a million people a year. Want to know something else? In most states, including North Carolina, the doctors and hospitals can get away with it, no accountability. Recent changes to North Carolina Medical Malpractice Law has almost stopped all medical malpractice in this state. Hurdles like having to try the case twice, once on liability and once on damages has made them to expensive to pursue. Capping non-economic loss like pain and suffering and loss of enjoyment of life has so reduced the potential recovery that few cases are worth pursuing and because of the artificial caps, most insurance companies would rather go to trial and gamble than pay a claim they know they should pay. So, cases that I took several years ago I turn away now. In the past we would be reviewing twenty or thirty cases at any one time and have four to six we would actively be handling. Now I have one active and two or three we are looking at. Your legislators decided to pay back doctors, hospitals and insurance companies for all the money they gave in support of their political campaigns by protecting them from the harm they do to you. Wake up and require your legislators to be accountable to you not big business. It is amazing we use the same rules in civil court for everything from real estate cases, motor vehicle cases, divorce, legal malpractice, everything EXCEPT medical malpractice, med mal has its own special rules because the medical community pays the most money to the legislatures. Money buys you special treatment under the law. WAKE UP!!!!

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