NC Legislature Acts on Politics Not Facts
Senators Apodaca, Brown and Rucho introduced Senate Bill 33 which is not based upon facts but pure party politics and the NC Chamber of Commerce political agenda. Please read the
attached facts. There is no litigation explosion to support the proposed legislation. There is no runaway jury verdicts that support the proposed legislation. The insurance industry has stated that the proposed legislation will not reduce the insurance premiums paid by the medical community. One must ask, why has this legislation been introduced?
Former GOP Chief Justice of the NC Supreme Court advises NC Legislature that Caps on Damages are Unconstitutional
On February 8, 2008, former Chief Justice I. Beverly Lake, Jr. responded to the introduction of Senate Bill 33 which attempts to place an artificial cap on disfigurement, physical impairment, emotional distress and pain and suffering. The former Chief Justice provided a detailed explanation and analysis regarding the unconstitutionality of the proposed legislation. the former Chief Justice states that the proposed legislation violates the Constitution and is unnecessary. Please read the attached
letter.North Carolina Senate introduces Senate Bill 33 Medical Liability Reforms on January 25, 2011This week Senators Apodaca (entrepreneur) , Brown (car dealer) and Rucho (dentist) filed a radical bill in NC Senate that imposes artificial caps on noneconomic damages such as physical impairment, disfigurement, emotional distress and pain and suffering. Any future damages that awarded by the 12 person jury will be paid in periodic payments. This means that the insurance company pays you on its terms after the jury has made its decision. There is no mention of insurance premiums which is the reason the medical community is complaining.
In North Carolina, Rule 9(j) requires that before filing a civil action, the injured party must hire an expert witness, a doctor in the same specialty area, who will review the medical records and certify that there was malpractice. The medical community is protected by the existing rules.
Liability reforms predictably follow periods of economic recession. This is no different. The NC Legislature should know better. The rights and well being of our citizenry should outweigh the profits of an insurance company.
Interestingly, this bill makes no effort to control the premiums that are charged to the medical community. If this bill passes, the insurance premiums will not go down. So the insurance company can continue to charge the same premiums and it now has a law that limits what is has to pay out. Does that sound fair to you?
There is more to saw about this issue. The evidence does not support this radical bill.
I urge you to contact member of the NC House and Senate and express your opinions on this issue.
Harmed in the Hospital-News and Observer published on 1/20/2011In the face the facts, Senate Bill 33 is introduced in the NC Senate to Reform Medical Liability which radically limits the rights of the patient and the patient's family in the event he or she is severely injured or killed by medical negligence. In fact, the emergency room is now given near immunity from liability because the gross negligence, wanton conduct or intentional wrongdoing standard.