September 27, 2012
The family of a North Carolina girl, who was injured at birth and was later awarded a medical malpractice settlement, will challenge a law that allows the state to takes as much as one-third of a settlement as reimbursement. The News Tribune says the decision reached in the case is likely to be significant, as it could potentially set a precedent for the way states across the country will handle medical malpractice settlements in the future.
Court documents show the victim was born via a difficult cesarean section on February 25, 2000, which caused the child to suffer permanent and life-altering brain injuries. A settlement was reached between the family and doctor to the amount of $2.8 million after a North Carolina Medical Malpractice lawsuit was filed; however, under North Carolina law, the family was required to pay one-third of the settlement to the state.
This particular law was enacted as a way for the state to be reimbursed for the money it paid to the doctor through Medicare, but in many cases, it allows the state to cut into awards given to victims for reasons such as pain and suffering. Other states with similar laws include Georgia and Florida.
The North Carolina Personal Injury Lawyers with HensonFuerst Injury Lawyers believe that victims of medical malpractice are entitled to fair compensation for their injuries and are here to help you if you have been hurt.