The U.S. Court of Appeals for the 4th Circuit recently made a decision that, while technically routine, has a substantial impact on the individual plaintiff.
The case, LITTLEPAIGE v. U.S., Ct. App. 4th Cir. (2013), was based on the alleged negligence in the care the plaintiff's husband received at a VA hospital, which resulted in him suffering a hip fracture. The plaintiff's husband had been placed on a special supervisory list/designation called "falls precaution," due to his risk of injury. Yet, he was found on the floor twice, once resulting in a hip fracture, which required subsequent surgery, and caused him pain and suffering, among related claims.
The defendants in the case were granted a motion to dismiss the complaint, because the plaintiff failed to meet North Carolina's certification requirement, mandatory in its medical malpractice claims.