North Carolina Cases to Watch in 2024: A Midyear Report

Healthcare attorney Victor Moldovan was interviewed by Law360 as part of a midyear roundup of notable cases making their way through North Carolina courts. Mr. Moldovan commented on a case before the North Carolina Supreme Court concerning immunity under the state's COVID-19 emergency law. The Emergency or Disaster Treatment Protection Act shields hospitals, healthcare providers and healthcare professionals from civil action based on treatment delivered during the pandemic. The plaintiff in the case sued a hospital last year after a series of health issues and a second surgery following a hysterectomy; in response, the defendant medical center and surgeon sought immunity under the emergency order, but lower courts ruled against them. Mr. Moldovan characterized the argument that the Emergency Act prevents any malpractice suit as "unique," adding a verdict in favor of the hospital could carry significant implications for other malpractice cases that arose during the pandemic.

"The immunity order on its face requires a connection to COVID-19," he said. "If a provider can simply assert that they were influenced by COVID to avoid liability, it would effectively undercut any rights the plaintiff has to hold the provider accountable."

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