6/17/10
AG Eric Holder to Speak at Annual Convention this Weekend in Wilmington
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On June 19, two short days from today, the NC Advocates for Justice's Annual Convention will get underway in Wilmington, NC. We are very proud that the Honorable U.S. Attorney General Eric Holder will be a guest speaker at the 6-day educational and networking event which is designed to foster the professional growth of NCAJ members -- plaintiff attorneys and criminal defense attorneys who work each day to protect the rights of all North Carolinians. Attorney General Eric Holder often addresses groups throughout the country on the need to preserve justice for all. Click here for a sampling of his presentations and speeches.
Posted by liz at June 17, 2010 8:41 AM EDT
5/14/10
A Fair System That Keeps Rates Low
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All of us expect our civil justice system to be fair, but in North Carolina it's not. Unfortunately, insurance lobbyists want to keep it that way with empty scare tactics.
Our state is one of only four that clings to contributory negligence, a harsh and outdated way of denying help to people hurt in accidents. Under "contrib," even if you are only 1% percent responsible for an accident, you cannot recover damages from someone 99% responsible.
Comparative fault, used in 46 states, allows people to recover damages from those most responsible for causing an accident. It's a fair system that does not mean a rise in premiums.
The bipartisan House Bill 813 aims to introduce comparative fault as the new and improved law of the land. But insurance lobbyists are trying to stop this change by distorting the facts. Unlike what insurance lobbyists say, neighboring states with comparative fault have seen premium rates slow down.
We encourage you to visit http://www.fairjusticenc.com/ to learn more and to stand up to insurance lobbyists. Ask your representatives to support HB 813 and fairness today!!
Posted by liz at May 14, 2010 3:37 PM EDT
4/26/10
Why We Must Protect the Jurors' Right to Make Their Voice Heard
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The North Carolina Medical Board's records show that disciplinary actions against doctors for substandard health care are on the rise in the Tarheel State. Patient's rights need to be protected more than ever. The good news is that there ARE people willing to fight that battle. Today we are sharing the story of a newly married couple with a young daughter -- their personal struggle for health and their public fight to ensure that patient's rights across the United States are not diminished.
In 2002, Courtney Hill, a University of Mississippi graduate and high school biology teacher, married her high school sweetheart, Robert. In 2003, Courtney felt a lump in her breast and promptly arranged to be examined by her OBGYN doctor. She was told further testing was not necessary, given her young age. The couple, then in their 20s, did not know doctors were supposed to order mammograms to rule out the slightest possibility of cancer.
Courtney soon became pregnant and returned to her OBGYN doctor 16 times for pregnancy-related checkups. In September 2004, her beautiful healthy girl, Madison, was born. Then, in February 2005, Courtney asked for the lump to be reexamined. On Valentine's Day, she received a cancer diagnosis - the cancer had spread to the liver and was now terminal. She died in the fall of 2009, by age 30.
Between 2005 and 2009, both Robert and Courtney dedicated themselves to saving Courtney's life. She vowed to fight for her life. "A daughter needs her mother....She got the best daddy in the world but little girls still need their mommies." Courtney said.
This courageous couple also decided to fight to save the lives of other young women.
They sued the doctors involved in her case to raise awareness of the need for early cancer testing. A Memphis jury unanimously returned a large verdict against a group of Memphis doctors in July 2009. While many people considered the case a wake-up call to doctors for better patient care, others have viewed it as an excuse for government to limit jury verdicts against certain groups.
Courtney and Robert filed their lawsuit because they knew it was their only recourse to get the attention of the medical profession and the public at large. The lawsuit helped educate women across the country. It changed doctors' procedures and protocol. Courtney was deeply gratified to learn, before her death, that many women in Tennessee, as direct result of this verdict, were being contacted by their doctors to come in for needed follow up testing.
The jurors understood that this medical error could have been prevented. To help ensure this never happens again, they let their voice be heard. If you set caps in medical negligence cases, you eliminate a large part of the jury's voice and the chance to reduce medical errors. To learn more, click here.
Posted by liz at April 26, 2010 8:45 AM EDT
4/13/10
Are you one of those people?
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The thing about primaries is usually only a small number get out to vote and make a difference. Are you one of those people?
The reality is your vote in a primary election carries far more weight than it does in November. Also, in many races and locales the primary winner is the all-but-certain winner in November.
For those of us committed to protecting people's rights by representing them in legal disputes or advocating for necessary changes in the laws and the courts, the chance to vote is a chance to make ourselves heard.
North Carolina differs from many states in that our primaries come in a variety of different flavors. There are nonpartisan races for state judicial office. There are partisan races for legislative office. And, of course, you have many contests for local judicial office or other posts.
Let's take statewide judicial offices first. There are two contests on your ballot this year. One features NCAJ member Leto Copeley running against incumbent Court of Appeals judge Rick Elmore and two others. One features NCAJ-endorsed challenger Judge Jane Gray running against Court of Appeals judge Ann Marie Calabria and another challenger. In both contests the two top vote-getters will move on to contend in the November election.
NCAJ's PAC does not endorse candidates in local judicial races, but you can find a list of NCAJ members running for these offices here. Every year outstanding members like past NCATL president and criminal defense section leader Mary Ann Tally or past criminal defense and auto torts section chair Kerry Sutton run for office. We hope you will seek out who is running in your community and support them.
With Early Voting, there are no excuses. When the votes are counted on May 4th the candidates standing up for people's rights will either win or lose. You and the circle of people you may have influence over (friends, family, co-workers) could make all the difference.
Posted by liz at April 13, 2010 4:45 PM EDT
