Legal Question in Medical Malpractice in North Carolina
I filed a claim for medical malpractice. In the Discovery phase, I thought I was attending a hearing
for a Motion to Compel against the Defense. However, the Defense filed a Summary Judgement.
At the hearing, a Summary Judgement was granted. I then filed an appeal. The appeal was denied.
Now, I found out that the judge who granted the Summary Judgement is in treatment for alcoholism.
His judgement has been questioned. My attorney advised me that our hearing was very unusual and
that he had never experienced anything like it. My question is: Do I have any legal rights left?
Can you file another appeal based on the judge having impaired judgement? Any legal resources
left?
1 Answer from Attorneys
You should of course consult with your present or prior lawyer about this, if you have not done so already. (Or, you may want a second opinion altogether. A motion to compel is vastly different from a motion for summary judgment.) A judge in Charlotte was recently in treatment for alcoholism. If the Judge acted improperly at the hearing, either in hearing the motion, or in allowing the motion, then your remedy was the appeal, which was apparently rejected. Whether the judge was impaired would have no effect on this particular ruling. Even if the judge made the wrong ruling, it could have been fixed on appeal; this is not a "discretionary" type of ruling that the appellate courts are reluctant to overturn. (If the trial judge had been impaired, then that would be a much more serious problem.)
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