loser pays

The North Carolina Senate held a special session in mid-September to pass a bill reforming the state’s treatment of medical-malpractice issues. A key element of the legislation — instigating expert review of malpractices claims before trial and imposing a related “loser pays” rule to discourage frivolous lawsuits — would be a welcome improvement. But some of the bill’s other provisions, including price controls and subsidized insurance, are much less attractive.

RALEIGH — The medical-malpractice legislation likely to emerge from the North Carolina Senate this week “is a mixed bag” from the standpoint of reformers, according to a preliminary analysis by…