Medical Liability Reform

PROFESSIONAL LIABILITY

Medical Liability Reform

RESOLVED, That the North Carolina Medical Society supports a cap on civil non-economic damages in medical liability actions; and be it further

RESOLVED, That the North Carolina Medical Society supports efforts to reform the collateral source evidence rule so that juries are informed of collateral sources of compensation provided to the plaintiff for the losses in question; and be it further

RESOLVED, That the North Carolina Medical Society supports merit selection of judges, outside the context of tort reform, to reform the judicial selection process in North Carolina in a way that reduces or eliminates the political pressure on judges, and allows judges to be selected based on objective quality criteria; and be it further

RESOLVED, That the North Carolina Medical Society supports the confidentiality of peer review activities and documents, particularly addressing the effects of Virmani v. Presbyterian Health Services Corp; and be it further

RESOLVED, That the North Carolina Medical Society supports calculation of the statutory interest rate on judgments from the date of the final judgment, rather than the date the action is filed; and be it further

RESOLVED, That the North Carolina Medical Society supports modification of the requirement that physician defendants secure a bond for the full amount of a judgment prior to appeal so there is a reasonable correlation between the amount of the bond and the physician’s net worth; and be it further

RESOLVED, That the North Carolina Medical Society supports permitting defendants to opt for periodic payments of judgments in medical liability cases; and be it further

RESOLVED, That the North Carolina Medical Society supports modification of the statute governing the use of expert witnesses in medical liability actions to assure that the defense can learn the identity and qualifications of the expert who conducts the pre-filing review of the record to determine the case has merit; and be it further

RESOLVED, That the North Carolina Medical Society supports shortening the statute of limitations that applies to minors who have a cause of action for medical liability; and be it further

RESOLVED, That the North Carolina Medical Society supports modifying North Carolina Rule of Civil Procedure 41(a) to prevent a plaintiff from unilaterally dismissing their case without court order and without prejudice any time after the filing of the first responsive pleading; and be it further

RESOLVED, That the North Carolina Medical Society supports making statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence relating to pain, suffering or death of a person involved in an accident inadmissible as evidence of an admission of liability in a civil action; and be it further

RESOLVED, That the North Carolina Medical Society supports the efforts of its members in political education and action committee activities related to medical liability reform and provide operational advice and assistance regarding these activities.

(Report W-1998, adopted 11/15/98)
(revised, Report L3-2004, Item 48, adopted 11/14/2004)
(reaffirmed, Report J-2010, Item 2-39, adopted 10/24/2010) (reaffirmed, NCMS Policy Review 2015 Report, Item 70, adopted 10/24/2015)

 
 

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