N.C. caps some medical malpractice damages

North Carolina lawmakers made a mild breakthrough recently on medical malpractice reform, agreeing to limit monetary damages in certain health care negligence cases.

The bill would cap damages in negligence cases involving a health care provider at $1 million, but only for those who agree to go to binding arbitration. The measure is supported by trial lawyers and the medical society.

The bill was unanimously approved by the House and sent to Gov. Mike Easley, marking a success in the often antagonistic relationship between physicians and trial lawyers. Physicians who support capping damages blame malpractice suits for rising premiums, while trial attorneys argue that patients need financial protection for physicians’ mistakes.

The legislation allows plaintiffs and defendants — such as a doctor, hospital or other health care provider — to have their case settled by an arbitrator selected by both sides or by the court at the parties’ request. All monetary damages would be limited to $1 million. Few appeals would be allowed.

Between 1998 and 2006, an average of 600 medical malpractice lawsuits were filed each year in North Carolina and the median award for cases decided by a jury was slightly more than $300,000, according to the N.C. Academy of Trial Lawyers.