Charlotte Personal Injury Lawyer Blog

Several members of the N.C. Legislature have proposed House Bill 709, which they shamelessly titled "Protect and Put N.C. Back to Work". I'll issue you a simple challenge: read the proposal and then explain with a straight face how the title of the bill is legitimate. It simply isn't; the title is nothing more than a political scam. I recently spoke with one sponsor of the bill, who could not tell me two critical things: (1) the legislator couldn't explain why he sponsored the bill - his eventual response was that the title said "something about putting N.C. back to work" and someone he knew asked him to co-sponsor the bill; and (2) the legislator couldn't explain any of the language in the proposed bill.

Harry Payne serves as senior counsel for policy and law at the N.C. Justice Center. He previously served as a state legislator, a N.C. labor commissioner, and chairman of the Employment Security Commission. Thus, Mr. Payne has a little insight into labor and the political process. He points out the workers' compensation system is a carefully drafted compromise by which injured workers gave up their right to sue their employer in regular (civil) court for actual damages caused by negligence in all but the rarest cases. In exchange, employees received the certainty of having their medical bills paid in a compensable claim, with two thirds of their average weekly wage during their period of recovery for on-the-job injuries.

Despite the fact that North Carolina enjoys average rates for workers' comp insurance, and the business climate is ranked at or near No. 1 in the nation, business lobbyists have somehow persuaded the N.C. legislature there is urgent need for reform of this system which works. The result is a proposal so full of problems, it is truly difficult to address them in a blog post. Essentially, the bill gives complete control of the medical care of an injured worker to the insurance adjuster while ignoring all right to privacy of the patient. It further installs arbitrary caps on medical and indemnity (weekly) benefits without regard to the extent of the disability suffered by the worker in most cases.

Many individuals will debate this proposal in Raleigh. However, thousands of injured workers around N.C., and right here in Charlotte, will suffer its effects. The proponents of this bill will not be the ones to suffer; however, their forgotten constituents will see their lives ruined as they face the unfortunate realities of this bill in terms of their medical treatment and their work capacity. If you suffer an injury at work or otherwise, you should contact a qualified Charlotte personal injury attorney promptly to discuss your legal remedy. However, it is crucial that you contact your representative and oppose this bill immediately.

NewsObserver.Com, Another Loss For Working People, 04/21/11

Senate Bill 33 and House Bill 542 are currently being debated in the North Carolina legislature. Senate Bill 33's primary sponsors are Tom Apodaca, Harry Brown, and Bob Rucho, three irresponsible Republicans who are intent on rewarding their campaign contributors at the expense of their constituents. House Bill 542's primary sponsors include Johnathan Rhyne, Danny McComas, William Brisson, and Jim Crawford. It is abundantly clear from the provisions of the house version that these gentlemen have likewise failed to consider the ramifications of their actions.

The versions of the proposed legislation vary slightly, but the essential proposal similar. SB 33 includes the same detrimental proposals regarding the lack of liability for medical negligence, further reducing the cap on damages for death, disfigurement, and mutilation from $500,000 to $250,000.

House Bill 542 includes a provision legalizing negligence in emergency rooms. Only if an ER doctor is drunk, stoned, etc., or intentionally harmed a patient would the hospital or doctor be liable. Under the bill, the new standard of care in the emergency room for federally mandated services is "gross negligence" - defined under North Carolina law as intentional misconduct. Senate Bill 33 makes negligent screening and treatment totally immune from liability

House Bill 542 provides North Carolinians less protection from dangerous and defective products than citizens of any other state. To recover damages, a North Carolinian injured by a defective product would have to prove the manufacturer obtained agency approval by fraud or bribery. Michigan alone provides similar immunity to drug companies, and that rule has been universally criticized. The House bill extends the Michigan rule from drugs to every product. If this proposal is enacted, manufacturers in other states will be able to dump their dangerous and defective products in North Carolina with impunity.

The long-standing legal rule in North Carolina is that a jury should not be told that either party has insurance so as to not prejudice the jury's decision as to who was at fault and what were the damages. The idea is: if the jury knows that the Defendant has liability insurance and would not actually pay damages, or that the Plaintiff had purchased insurance which would cover some of his/her losses, that information would unfairly affect the verdict. However, the House Bill 542 eliminates half of this established legal principle for no apparent reason, radically tipping the scale against the injured person. Under the proposal, the jury would hear information about the Plaintiff's insurance, giving the drunk driver or negligent hospital the benefit of the Plaintiff's prudence in purchasing insurance. However, the jury would hear nothing about the Defendant's insurance. The prejudice goes only against the injured party, not against the negligent party and their insurance company.

The supporters of this bill (see above) have presented no facts or rationale to support dismantling the civil justice system in North Carolina. In fact, the opposite is apparent as North Carolina is ranked first in the nation by Site Selection Magazine as the most "business-friendly" state. Regarding the medical malpractice argument, negligent hospitals, doctors and their insurance companies have failed to justify this government bailout. While thousands of patients are severely injured or killed every year in N.C. hospitals by negligence, the number of malpractice suits has sharply decreased over the past decade, verdicts are modest, liability insurance premiums have plunged, and the number of doctors is rapidly growing.

N.C. has one of the most restrictive products liability statutes in the country. Our state is one of only four states with contributory negligence, a harsh rule that disadvantages injured persons, and benefits wrongdoers and their insurance companies. However, pharmaceutical companies, insurance companies, and other special interest groups are trying to seize a troubled economy to pursue their interests at the expense of North Carolinians.

Many individuals are recognizing the obvious flaws in some of the legislation that is being proposed to eliminate the rights of people injured by others and workers injured on the job in North Carolina. I will continue to monitor these shameful efforts. However, I encourage you to contact your representatives, and the sponsors of these bills (noted above) to voice your concerns.

On February 06, 2011, several members of the North Carolina legislature introduced House Bill 709 (HB 709). The primary sponsors of the bill include: Dale Folwell (Forsyth County), Nelson Dollar (Wake County), Mike Hager (Cleveland / Rutherford Counties), Jim Crawford (Granville / Vance Counties). Co-sponsors include: John Faircloth (Guilford County) and Michael Wray (Northampton / Vane / Warren Counties).

According to the General Assembly, the occupations of these gentlemen include: consultant, private investor, media / public relations consultant, business owner, developer, and real estate broker / owner. A cursory reading of the bill will lead you to understand that these gentlemen have pandered to the special interest of the chamber of commerce, the insurance industry, etc. They have also forsaken the interests of their constituents for the benefit of their personal business endeavors and campaigns.

In the weeks ahead, I will be actively commenting on this assault on your rights. I will follow the status of the proposal and let you know where it is headed. However, it is up to you to take a stand against this proposal by voicing your opposition. Three groups need to be contacted: (1) the Governor, so she is aware of your opposition to the bill in the event it passes; (2) your personal representatives, which are easily located; (3) the sponsors of this bill should be advised of your opinion of their actions. I have listed the sponsors' information below.

Dale Folwell
NC House of Representatives
300 N. Salisbury Street, Room 301F
Raleigh, NC 27603-5925
919-733-5787
Dale.Folwell@ncleg.net
299 S. Westview Dr.
Winston-Salem, NC 27104
336-748-0046

Nelson Dollar
NC House of Representatives
300 N. Salisbury Street, Room 307B1
Raleigh, NC 27603-5925
919-715-0795
Nelson.Dollar@ncleg.net
P. O. Box 1369
Cary, NC 27512
919-233-8399

Mike Hager
NC House of Representatives
300 N. Salisbury Street, Room 306C
Raleigh, NC 27603-5925
919-733-5749
Mike.Hager@ncleg.net
342 Walking Horse Trail
Rutherfordton, NC 28139
828-748-2378

Jim Crawford
NC House of Representatives
16 W. Jones Street, Room 1321
Raleigh, NC 27601-1096
919-733-5824
Jim.Crawford@ncleg.net
509 College St.
Oxford, NC 27565
252-492-0185

John Faircloth
NC House of Representatives
300 N. Salisbury Street, Room 306A3
Raleigh, NC 27603-5925
919-733-5877
John.Faircloth@ncleg.net
2332 Faircloth Way
High Point, NC 27265
336-841-4137

Michael Wray
NC House of Representatives
300 N. Salisbury Street, Room 502
Raleigh, NC 27603-5925
919-733-5662
Michael.Wray@ncleg.net
P. O. Box 904
Gaston, NC 27832
252-535-3297

OrthoCarolina is one of the larger orthopedic medical providers in the Carolinas, if not the Southeast. On April 04, 2011, OrthoCarolina revealed it has acquired NorthEast Orthopedics of Concord, NC. The practice group in Concord will be renamed OrthoCarolina Concord, in keeping with the standard tradition of the facilities within the OrthoCarolina umbrella.

With the inclusion of this latest acquisition, the orthopedic giant now has 94 physicians located at 20 offices in North Carolina and South Carolina. The group has actively pursued other orthopedic groups in recent months. In February of 2011, it acquired Boone Orthopaedics. In October of 2011, OrthoCarolina merged with Scotland Orthopedics.

This merger further illustrates the continuing loss of competition among orthopedic practice groups in the Carolinas, particularly in the Charlotte area. Many individuals fail to realize what an issue this problem is. However, history has proven the lack of competition leads to disastrous results.

Without debating the pros or cons of specific practice groups, I do believe that it is beneficial to the public to offer multiple orthopedic options. Various issues arise during the course of medical treatment, whether litigation is involved or not. Therefore, it beneficial for the patient to have an opportunity to obtain an unbiased second opinion.

If you have encountered an issue regarding your medical treatment in your workers' compensation claim, perhaps you should speak with a knowledgeable Charlotte workers' compensation lawyer. If you otherwise have questions regarding medical care you have received, please feel free to consult our Charlotte attorney.

CharlotteObserver.com, Orthopedic Practices Merge, 04/04/11