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Med Mal Bill Vetoed

Jul 8, 2011 Brown Moore & Associates Medical Malpractice

When you are seeking treatment for an injury or illness, you trust that your physician will provide you with care that will allow your condition to improve. No one expects to have their condition worsen due to the treatment provided. If things do get worse because of your doctor’s actions, you want to be able to hold him or her responsible for their actions.

North Carolina victims of medical malpractice have been closely watching a bill that would have severely limited their right to recover compensation from medical professionals and hospitals that caused serious injuries.

The bill, which was passed with bipartisan support by the state legislature, would have limited recovery in medical malpractice cases to $500,000, was recently vetoed by Governor Beverly Perdue.

The bill would have limited recovery in medical malpractice cases to $500,000. Though passed with by bipartisan support in the state legislature, Governor Beverly Perdue recently vetoed the bill.

Victim’s rights groups have been strongly opposed to the legislation. The bill would have prevented severely injured patients from being able to recover full compensation for their injuries unless they could show doctors acted recklessly or with gross negligence, which can be very difficult to prove.

Governor Perdue has encouraged the legislature to draft a new proposal that would ensure that those who have been critically injured will not be subject to damage caps. If such caps were removed, the governor may be inclined to support future legislation.

However, despite the governor’s veto, this does not mean the bill is dead. Legislators may attempt to override the veto or once again propose new legislation designed to reduce recovery in medical malpractice lawsuits. Proponents of the bill believe that such reform is necessary within the state, and insist that this is not the last time this issue will be addressed.