Welcome to the Professional Negligence Section subportal! If you are a member of this section, from this site you will be able to access information available only to Professional Negligence Section members.
About the Professional Negligence Section
Professional Negligence Section members represent plaintiffs in negligence/medical malpractice cases. Section members are very active on advocating for their clients in med mal matters in the legislature and enjoy a very active listserv, quality CLE and Section events as Section benefits.
CLICK HERE to access the listserv from Trialsmith. You will be directed to the Trialsmith website and will need to login with your email address (username) and Trialsmith password. If you forgot your password, type in your username and click on "Forgot Your Password?" from the Trialsmith homepage and it will be emailed to you.
The listserv address is: ncaj_profneg@lists.trialsmith.com
Med Mal Report
As part of the North Carolina Advocates for Justice's effort to correct misrepresentations by lobbyists for malpractice "reform," we have prepared a comprehensive report on the incidence of malpractice suits in NC, the number and outcome of malpractice trials, and the size of jury awards. The report is based on the AOC database of all medical malpractice case filings since January 1, 1998, supplemented by Superior Court files of each case that went to trial. We appreciate the contributions of members who visited your local clerk's office to obtain information about the disposition of tried cases.
You can read the final report HERE. You will see that Table 3 lists all tried cases by date of disposition. Table 4 lists all tried cases by county. Please check cases with which you are familiar to verify that the information is accurate. Please contact Burton Craige or Caitlin Darisse to correct any errors.
Note that this list does not include cases that were filed before January 1, 1998 -- the AOC database started in 1998.
96% of cases were resolved without trial. Of the 267 cases that went to verdict, the patient won 57 times. In those 57 cases, the median verdict was $302,600.
We would welcome any suggestions or comments.
Professional Negligence Section Certification
In order to join the Professional Negligence Section, you must be able to sign the following certification:
I certify that I meet the following membership criteria of the Professional Negligence Section of the NCAJ and that I will notify the NCAJ if I no longer meet these criteria. This certification supercedes any previous certification between me and NCAJ. I understand that the use of the Listserv is a privilege of NCAJ membership and that this privilege may be revoked if i breach the terms of this agreement. The provisions of this agreement shall be enforced by the Executive Committee of the Professional Negligence Section, which has the authority to suspend my access to the Listserv.
Professional Negligence Section membership is limited to Academy members engaged in representing plaintiffs in professional negligence cases. Membership is limited to those who do not currently represent or work for, and whose partners and firm members do not currently represent or work for, insurance carriers, self-insured institutions or professionals concerning the defense of professional negligence claims.
I certify that I will not forward or otherwise distribute Professional Negligence Listserv messages to non-members of the Professional Negligence Section. These messages, or the substance or the existence of such messages, are intended for the exclusive use of Professional Negligence Section members representing plaintiffs in civil actions. Messages may not be furnished to a defendant, defense interest, or any other person not assisting in my case, except as required under the law. If the materials are sought in discovery, i will oppose the discovery, and contact the Chair of the Professional Negligence Section. Any provision or distribution of materials obtained from the Listserv to anyone who is not a member of the Listserv is explicitly prohibited and any such use may expose the person or persons using these materials in such a manner to ethical sanctions by the NCAJ and/or the appropriate state or local bar association.