EW Attorneys File Amicus Brief on Behalf of NCADA in Appeal Involving Medical Malpractice Statutes
Michelle Liguori, Maddi Pfefferle, and David Keirstead recently represented the North Carolina Association of Defense Attorneys (“NCADA”) as amicus curiae before the North Carolina Court of Appeals, in an appeal addressing the scope of North Carolina’s medical malpractice statutes.
The case involves claims against two doctors by the parents of a minor patient. The plaintiffs appealed a trial court order that granted the defendants’ motions for summary judgment and rejected the plaintiffs’ attempt to bring claims for breach of fiduciary duty and constructive fraud outside the medical malpractice framework.
The NCADA argued for affirmance of the trial court’s order granting summary judgment. The amicus brief discusses the North Carolina General Assembly’s statutory framework governing claims in the medical context, showing why the plaintiffs’ claims contravene this carefully balanced statutory framework. The brief also discusses the potential impact of a decision upsetting the trial court’s ruling, including how the plaintiffs’ unconventional theories are inconsistent with established law and would unnecessarily risk expanding liability for both medical and other professionals throughout North Carolina.
The NCADA is a professional organization of over 800 attorneys and paralegals who devote most of their time to representing the interests of businesses and individuals in civil litigation. NCADA members practice in diverse areas of the law, including medical malpractice, commercial litigation, general liability, workers’ compensation, product liability, labor and employment, construction, and local government law.
The full brief can be found here.