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Swink v. Weintraub – New 9j Ruling Released

February 6th, 2009

The North Carolina Court of Appeals released their opinion in Swink v. Weintraub today, which is one of the most favorable rulings to date on North Carolina General Statute § 90-21.12.  The case effectively removes the “same or similar community” standard from applying to medical negligence cases, which would include nursing home cases, where the medical provider’s failure to use “best judgment” is the alleged breach.  We are pleased to see the North Carolina Appeals court extending protections for those injured by the negligence of medical care providers.

Click HERE for the link.