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'Loss Of Chance' Med Mal Claim Not Recognized In NC

Law360 (May 21, 2019, 6:55 PM EDT) -- A North Carolina appeals court cleared a doctor Tuesday of failing to timely diagnose a woman's stroke and depriving her of the chance of a better medical outcome, saying the suit's "loss of chance" claim is not recognized in North Carolina.

In a published decision, a three-judge Court of Appeals panel unanimously affirmed summary judgment in favor of Dr. James Howard Hermann in a suit accusing the emergency medicine physician of failing to timely administer medication to patient Anita Kathleen Parkes, who exhibited signs of a stroke in 2014.

The suit claims Hermann's non-diagnosis led him to not administer the "clot-busting"...

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