The United States Supreme Court agreed on Tuesday, September 25, to hear a case involving a North Carolina law that allows the state to claim a portion of medical malpractice settlements.
In the particular case at issue, North Carolina officials claimed $933,333.33, one third of the $2.8 million settlement that Sandra and William Armstrong were supposed to receive in a 2006 lawsuit on behalf of their daughter. The Armstrong’s daughter was left deaf and blind as a result of a botched Cesarean section during her birth.
North Carolina uses the money it claims to help cover its own expenses in Medicare and Medicaid cases.
Attorneys for the Armstrongs intend to argue that the North Carolina law, which allows the state to claim 1/3 of any medical malpractice payout, is too broad and harms individuals who need the money to cover their medical care.
Laws similar to those in North Carolina are in place in other states throughout America. Experts say the case could have far-reaching implications for how states are able to handle medical malpractice lawsuits.
If you or a family member has suffered a birth injury as the result of medical malpractice, you may be entitled to substantial personal injury damages or wrongful death damages. For a free and confidential consultation, please call our Massachusetts cerebral palsy attorneys, Boston, MA wrongful death lawyers or Massachusetts personal injury lawyers today at 617-787-3700. Our highly skilled Boston birth injury lawyers, Boston, Massachusetts wrongful death accident attorneys and Boston, MA personal injury lawyers are also available by email at firstname.lastname@example.org. Call our Boston, Massachusetts law office 24/7 to learn about your legal options.
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