DAILY BULLETIN
The General Assembly of North Carolina
A LEGISLATIVE SERVICE OF THE INSTITUTE OF GOVERNMENT
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STATE LEGISLATIVE BUILDING
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BULLETIN NO. 112 -1117- THURSDAY, JUNE 19, 1975
PUBLIC BILLS INTRODUCED
HOUSE
H 1278 Malpractice evidence and procedure GS 8, 7A, 90
Introducer: DeRamus (by request-' Sent to Rules
"To amend Chapter 8 of the General Statutes to provide for revised rules
of evidence y procedure , and limitation of actions to effect economies and prevent
abuses in the resolution of health care malpractice claims." Adds new Art. 15 to
GS Ch. 8 to provide review of malpractice claims, limit attorney contingency fees,
and place limitations on filing of certain actions. Provisions applicable to claims
against licensed physicians, surgeons, dentists, pharmacists, optometrists, nurses,
osteopaths, chiropracters , podiatrists, dental hygienists, nursing home administra¬
tors as well as hospitals and nursing homes. Authorizes either party in civil mal¬
practice action to petition court for hearing before health care evaluation committee;
also allows request by any person prior to filing of action. Committee to consist
of two attorneys, two health care providers, two members of general public and one
insurance representative; all members to be appointed by Governor, one committee
to be appointed for each of four judicial divisions, Administrative Officer of Courts
to be executive sec'
у
of committees. Hearing by committee to be informal; approval
of four members of committee sufficient for issuance of formal statement on mal¬
practice claim which is to be admissible in court on merits of case.
Prohibits entering of judgment in malpractice case until attorney has filed
statement indicating whether case handled under contingent fee arrangement and has
disclosed arrangement; sets out permissible percentages for contingency fees (for
example, 50% of recovery of under $10,000; for judgment from $10,000 to $40,000,
allows $5,000 fee plus one-third of amount recovered over $10,000).
Places one-year (after discovery) statute of limitations on malpractice
action where there has been fraudulent concealment by physician, etc., or where
damages sought because of foreign substance left in body.
Requires 30-days written notice to physician, etc., giving circumstances of
claim, before malpractice action may be brought.
Prohibits pleading from containing demand for specific amount of monetary
relief in malpractice action.
Effective Jan. 1, 1976.
SENATE
None
AMENDMENTS AND COMMITTEE SUBSTITUTES
HOUSE BILLS
H 127 Juvenile judges training (original bill identical to S 100, digested in
Bulletin No. 17, p. 103; amendment adopted in House
3/27/75
digested in
Bulletin No. 52, p. 410)
Amendment adopted in House
6/19/75
provides that judges to be reimbursed for
travel and subsistence while attending training sessions.
Copyright 1975 • Institute of Government, University of North Carolina at Chapel Hill
Not to be reproduced in whole or part without written permission
