AARP North Carolina is one of several patient safety organizations objecting to North Carolina’s Senate Bill 33 (SB 33), a new bill that would put vulnerable hospital and nursing home patients at greater risk. By setting an arbitrary cap on medical malpractice damages for mutilation, paralysis, disfigurement, loss of limb, and more, people with limited economic resources would be left without the compensation they need to recover after medical malpractice. SB33 would also provide immunity for emergency room employees when they commit malpractice.
AARP’s associate state director for advocacy, Bill Wilson, asked legislators to work to “bring down the incidence of medical malpractice” instead of creating “a road block for individuals seeking appropriate relief.” Two retired North Carolina Supreme Court Justices agreed with Wilson, advising the legislators that SB 33 is both “unconstitutional and unnecessary.”
Beyond the difficulty it causes patients who are in real need of recourse for medical malpractice, Wilson points out that SB 33 would also amount to a cost shift, with much of the burden falling on taxpayers. When patients are unable to obtain legal representation, the taxpayers will end up paying for the medical costs through Medicaid and Medicare, instead of the party who committed the malpractice.
The New England Journal of Medicine reported in a recent article that 4,000 patients die and 5,700 are permanently injured in the state of North Carolina every year because of medical malpractice. The consequences of a medical mistake can be devastating, especially for patients such as the elderly and young children who are often left without the resources to properly recover.
If you or one of your loved ones has been injured due to a medical professional’s negligence, contact the experienced medical malpractice attorneys at The Cochran Firm today to schedule a free case review.
