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March 2013 Archives

Supreme Court rules against North Carolina in malpractice issue

In a decision that will likely have repercussions on medical malpractice cases in a number of states, the Supreme Court decided that a North Carolina law allowing it claim up to one third of medical malpractice settlements to recoup Medicaid expenses is unreasonable. The 6-3 ruling found that while states can indeed take a portion of a settlement, North Carolina law allows the state to collect an excessive and "arbitrary percentage."

Trucker sentenced for role in fatal North Carolina crash

A 50-year-old truck driver will serve between 48 and 60 months in prison after pleading guilty to involuntary manslaughter for his involvement in a fatal truck crash that killed five people in North Carolina. Family members of those victims protested the sentence, arguing that it was too light and constitutes a "miscarriage of justice." They could potentially file one or multiple wrongful death lawsuits against the man in order to seek justice in civil court and demand compensation for their relatives' deaths, though it is unclear whether they plan on doing so.

Truck crash injures five in North Carolina

Five people were hospitalized following a traffic accident involving four people on U.S. 321 in North Carolina. Authorities believe the crash occurred when the driver of a semi-truck became distracted by the scene of another nearby accident, causing the truck to slam into several other vehicles. An official with the North Carolina Highway Patrol said the driver will likely face criminal charges but did not specify what those charges would be.

North Carolina woman dead after crash

A 61-year-old North Carolina woman was killed after an allegedly drunk driver struck her car at a high rate of speed as he fled from another wreck. The suspect faces criminal charges in several counties, but he could also be subject to fines and other penalties if the victim's family decides to file a wrongful death lawsuit. Such a claim would potentially allow them to collect damages compensating them for the death of their loved one, an event they referred to as "unfair" and "tragic" on a mortuary website. It is unclear whether they plan to pursue such legal action.

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