Legal Question in Medical Malpractice in North Carolina

Minor settlement hearing

Plaintiff and defendant agree to out-of-court settlement in malpractice claim which ended with a hung jury. Insurance carrier sends check for ''reimbursable costs in exchange for a voluntary dismissal.'' The estate involves a minor. Since there is no settlement for liability or damages and only costs, is a settlement hearing for the necessary?


Asked on 3/12/07, 4:25 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Minor settlement hearing

If the insurance company expects either a full release or a dismissal "with prejudice," then the minor's rights are being affected, and hence a hearing is generally necessary. You should consult with the attorney about this, or retain your own attorney to advise you.

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Answered on 3/12/07, 6:37 pm


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