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Dawson & Albritton, PA Blog

Informative Articles from Dawson & Albritton to help our clients understand the complexities of legal claims

Can A General Dentist Place Dental Implants?

The short answer is yes.  The truth is any licensed dentists in North Carolina is permitted to place dental implants.  A more appropriate title to the article is “Should A General Dentist Place Dental Implants?”  The answer to that question is maybe.  An unqualified... read more

Clarithromycin (Biaxin): Drug Safety Communication – Potential Increased Risk of Heart Problems or Death in Patients With Heart Disease

FDA is advising caution before prescribing the antibiotic clarithromycin (Biaxin) to patients with heart disease because of a potential increased risk of heart problems or death that can occur years later. FDAs recommendation is based on a review of the results of a 10-year follow-up study of patients with coronary heart disease from a large clinical trial that first observed this safety issue.

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Defibrillation (CRT-Ds) and Implantable Cardiovert-Defibrillators (ICDs) by Medtronic: Class I Recall- Manufacturing Error

Medtronic is recalling certain ICDs and CRT-Ds due to a defect in the manufacturing process. This defect causes an out of specification gas mixture inside the device and may prevent the device from delivering the electrical shock needed to pace a patient’s heartbeat or revive a patient in cardiac arrest. The delay or inability to deliver a shock to a patient in cardiac arrest or pace a patient’s heart whose heartbeat is too slow could result in serious injury and/or death.

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How are medical malpractice settlements calculated?

Under North Carolina law, a plaintiff may recover economic and non-economic damages. Economic damages include primarily medical expenses and loss of earnings. Non-economic damages may include pain and suffering, scars or disfigurement, loss of use of part of the body, loss of consortium, permanent injury, and inconvenience. Those cases with higher medical costs and negligence resulting in permanent injuries typically resolve at higher amounts. The age and income of the patient are also important in deciding settlement value. There is no set formula to determine a medical malpractice settlement and every case is different. These are complicated matters which typically take years to resolve, and require an experienced law firm to guide patients through the legal process.

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What are medical malpractice caps?

When a patient sues a medical provider for malpractice, he/she usually hopes to get money damages to compensate them for their injury.

There are generally two classes of damages: economic damages and noneconomic damages. Economic damages refer to specific costs the patient incurred as a result of his/her injury, such as medical bills, lost wages, lost earnings, and miscellaneous out-of-pocket costs. On the other hand, noneconomic damages refers to all the other types of damages, such as emotional distress, physical pain, and mental suffering.

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Are medical malpractice awards taxable?

In general, compensation received from your medical malpractice settlement or jury award is not taxable; however, some exceptions may apply.

Money received through your bodily injury settlement or jury verdict is typically not taxable because the settlement or jury award largely encompasses reimbursements to the patient (i.e., medical expenses, lost wages, and miscellaneous out-of-pocket expenses). An award received for emotional distress or mental anguish originating from a physical injury is also not taxable as income.

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What Is Distracted Driving?

What Is Distracted Driving?

Distracted driving is any activity that diverts attention from driving, including talking, texting on your phone or reading a baby stroller review on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or... read more

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