Home / Judicial News (Page 3)
Judicial News
-
Federal Judge Says Individual Mandate is Unconstitutional
On Monday of this week, J. Henry Hudson of the United States District Court for the Eastern District of Virginia became the first trial judge to find the Minimal Essential Coverage Provisions of the newly enacted Patient Protection and Affordable Care Act unconstitutional.
continue reading → -
NCMS Case against United Allowed to Proceed
The 11th Circuit Court of Appeals handed the NCMS and other state medical societies a major victory this week in a legal fight concerning unfair business practices by managed care companies.
continue reading → -
Federal Appeals Court Permits NCMS Case Against United to Proceed
On Tuesday, July 6, 2010, the 11th Circuit Court of Appeals handed the NCMS and other state medical societies a major victory in their fight against unfair business practices against physicians by insurance companies.
continue reading → -
NCMS Hosts Meeting to Discuss Potential for State Demonstration Program for Alternatives to Medical Tort Litigation
On Thursday, May 13, the NCMS hosted a meeting to discuss the possibility of developing a proposal and applying for a state demonstration program for alternatives to medical tort litigation […]
continue reading → -
NC Supreme Court Puts Aside Critical Questions re: Community Standard of Care
The General Assembly enacted legislation in 1976 limiting physician liability to situations where the plaintiff proves that the defendant physician failed to meet the applicable standard in the same or similar communities. Recently, the NC Court of Appeals in Swink v. Weintraub declined to reverse a decision against Dr. Weintraub even though the trial court admitted testimony from plaintiff’s medical experts who were not required to testify, as to their opinions, in the context of the “same or similar community” standard of care. Read on for more details on the case and decision and to see how the NCMS is responding…
continue reading → -
Breaking News—NC Supreme Court Rules NCMB Cannot Punish Physicians Who Participate in Executions
The N.C. Supreme Court today upheld a lower court ruling that found the N.C. Medical Board had exceeded its authority in January 2007 when it issued a Position Statement threatening […]
continue reading → -
Solution Sought for Expert Witness Problem in NC
A broad coalition representing ninety-seven percent (97%) of the physicians in North Carolina and approximately 65% of physicians nationwide has filed a motion with the North Carolina Supreme Court seeking […]
continue reading →