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North Carolina Appellate Practice Blog

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts

TreatisePetition TrackerOther ResourcesSub-MenuRules & Practice GuidesOral ArgumentBusiness Court TrapsGuide to Appellate DispositionsCLECourtsSub-MenuNorth Carolina Court of AppealsNorth Carolina Supreme CourtUnited States Court of Appeals for the Fourth CircuitGlossaryPublicationsResearchVoter Information

Health Care

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Proving Consent Was Not Informed Is Not So Easy for Medical Malpractice Plaintiffs

By Liz Hedrick on December 8, 2020

Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent.  The Hauser v. Brookview Women’s Center court affirmed the…
Continue Reading Proving Consent Was Not Informed Is Not So Easy for Medical Malpractice Plaintiffs

Posted in Health Care

Full of Sound and Fury, Signifying….What Exactly?

By Patrick M. Kane on December 9, 2019

MazeA while back, Justice Edmunds wrote a post that did a deep dive into what it means for the state’s jurisprudence when a case is “affirmed without precedential value.” …
Continue Reading Full of Sound and Fury, Signifying….What Exactly?

Posted in Business Court, Health Care, North Carolina Supreme Court, Opinions, Uncategorized, Unfair and Deceptive Practices

Appellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least Sometimes

By Liz Hedrick on January 7, 2019

Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion…
Continue Reading Appellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least Sometimes

Posted in Health Care, New Trial, North Carolina Supreme Court, Post-Trial Motions

Court Bolsters Strength of Medical Review Privilege

By Liz Hedrick on February 17, 2016

In an opinion released Tuesday, the Court of Appeals reinforced the difficulty plaintiffs face when asserting claims against hospitals or other medical providers alleging that the provider was negligent in…
Continue Reading Court Bolsters Strength of Medical Review Privilege

Posted in Discovery, Health Care, Interlocutory Appeals

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