Robinson Bradshaw Represents Health Care Providers in Two Appellate Wins

Robinson Bradshaw recently secured victories for health care providers in two appeals on North Carolina’s statutory reforms for medical malpractice litigation.

Cottle v. Mankin involved a claim that a medical practice negligently retained one of its doctors. The North Carolina Court of Appeals held that this claim fell outside the statutory definition of medical malpractice claims, so it was not barred by the statute of repose for those claims. Robinson Bradshaw then joined the case as counsel for the medical practice and successfully petitioned the North Carolina Supreme Court to review the decision of the Court of Appeals. The firm briefed and argued the case in the Supreme Court, and on Dec. 12, the Supreme Court ruled for the medical practice. The Court held that the negligent-retention claim in Cottle met the statutory definition of a medical malpractice claim, so the claim was time-barred. 

Jones v. Mill involved claims for breach of fiduciary duty and constructive fraud against two doctors. The plaintiffs alleged that the doctors did not disclose certain information during pre-surgery consultations. The trial court granted summary judgment for the doctors, holding that the claims were medical malpractice claims that were barred by North Carolina’s malpractice reforms. When the plaintiffs appealed, Robinson Bradshaw joined the case as appellate counsel for the doctors. On Dec. 17, the North Carolina Court of Appeals ruled for the doctors, holding that the plaintiffs’ claims were medical-malpractice claims that, by statute, could not proceed.

“We’re always honored when clients ask us to serve as new counsel on appeal,” said Matthew W. Sawchak, a litigator in Robinson Bradshaw’s appellate practice. “We were especially glad to be able to produce good outcomes for the medical professionals in Cottle and Jones.”

In Cottle, the Robinson Bradshaw team included Sawchak, Erik R. Zimmerman, Garrett A. Steadman, Caroline H. Reinwald, Michael S. Wilson and Toni S. Mixon.

In Jones, the Robinson Bradshaw team included Sawchak, Zimmerman, Kelley M. Storey, M. Bennett Wright, Emma W. Perry and Mixon.