News

Feburary 2012

 

Ike Northup and Katie Bulfer recently won a dismissal of a medical malpractice case at summary judgment. The case involved allegations that a physician was negligent for failing to give tPA to a patient who presented with stroke symptoms. Although tPA is recognized as an appropriate therapy for certain stroke patients, it more often than not does not improve outcome, according to the medical literature. The trial court agreed with the defense argument that plaintiff could not show that, more likely than not, had the patient received tPA the outcome for the patient would have been improved. Citing cases from three federal circuit courts which have addressed malpractice claims arising out of the decision of health care providers not to give tPA, and relying on North Carolina law, the defense argued that North Carolina did not recognize the "loss of chance" doctrine and that the plaintiff could not carry the day on the issue of proximate cause. The trial court agreed and the case was dismissed by the Court.

 

January 2012

 

Northup McConnell and Sizemore teams with MANNA by sponsoring a Virtual Food Drive MANNA. FoodBank is a private, not-for-profit service organization, founded in 1982, that links the food industry with 231 partner agencies in 16 counties of WNC. MANNA FoodBank's mission is to involve, educate, and unite people in the work of ending hunger in Western North Carolina. Please click on this link to make a contribution and help lessen hunger in Western North Carolina.