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North Carolina Legislature Committing Malpractice With Tort Reform Bills?

Posted by Christopher Shumate | Dec 17, 2012 | 0 Comments

One thing that both Republicans and Democrats will agree on is that the current economy (local and national) is less than ideal. Unfortunately, many of the currently elected officials are using the current economic client as a poor excuse for some of the pathetically reasoned work they are doing. These efforts are going to have a tremendously negative effect on Charlotte, NC residents who suffer personal injuries.

For instance, the N.C. Tort Reform Committee introduced Senate Bill 33 in early, which proposes to overhaul the current legal scheme for medical malpractice cases in North Carolina. The N.C. Senate approved the bill, and it now resides in the N.C. House for review. Of course, your elected officials have proceeded with this course of action against significant evidence that the general public opposes such measures.

A poll released 02/24/11 (before SB 33 passed) revealed that 70% - 77% of the public opposed immunity for emergency room negligence.

Query why your elected representatives are pushing legislation that you are opposed to? Perhaps they are simply pleasing large corporations and insurance companies that have lined their pockets with contributions. Regardless of their irresponsible reasoning, you should immediately contact your representative and notify him/her of your objections to the tort reform legislation (bills) unless you want to see your rights evaporate.

You can review detailed, yet concise information regarding Senate Bill 33 that will allow you to easily determine your stance on this issue. Please note there are further reform bills in the legislative process, which are just as damaging to your legal rights. I encourage you to educate yourself regarding these matters and voice your concerns.

As noted herein, many individuals have expressed concern over this legislation. The Fayetteville Observer noted that they were warned by a Supreme Court Justice that the provision was unconstitutional. Other obvious concerns regarding the bill are inherently noted in the bill.

However, the newspaper picked up on another obvious point the proponents of the bill want to ignore. They claim this bill will reduce healthcare costs. However, anyone with any knowledge of the insurance industry will tell you that while medical malpractice will continue to occur, the insurance companies will not reduce their premiums. It is also rather doubtful that medical providers are going to cut their prices; it's all a public relations gimmick - with one obvious consequence: most of the injuries resulting from these cases (and resulting treatment) are going to be pushed on to Medicare / Medicaid, two systems that are already bankrupt.

The Shield - Liability Reform Is Legislative Malpractice, FayObserver.com, 03/13/11, FayObserver.com, 03/13/11

About the Author

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice

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