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North Carolina Trial Law Blog

Trials, liens, technology and changes to the law.
By Chris Nichols

Post Frequency: 0.2/day

Last Entry: May 14, 2013 at 12:43:26

Useful link to Medicare and MSPRC billing and diagnostic codes for auditing conditional payment letters

Posted on May 14, 2013
I found this link with MSPRC's website and thought it might be helpful to some of you. This link takes you to the PDF lists of all the Medicare diagnosis codes dating back to 2002. http://www.cms.gov/Medicare/Coding/ICD9ProviderDiagnosticCodes/codes...

Can a hospital seek a medical lien if the bills were submitted to workers compensation in NC?

Posted on May 09, 2013
?A health care provider shall not pursue a private claim against an employee for all or part of the costs of medical treatment provided to the employee by the provider unless the employee?s claim or the treatment is finally adjudicated not to be compensable or the employee fails to request a hearing after denial of liability by the employer...

One deposition taken in matter designated for arbitration may waive right to arbitration

Posted on August 30, 2012
In the matter of HCW, et al v HCW et al, the NC Court of Appeals has ruled that the taking of a deposition (utilization of discovery) in a matter where the legal dispute can be arbitrated works as a...

Trial: Priest joked about abusing 3 boys in week - Yahoo! News

Posted on April 03, 2012
Monsignor William Lynn is on trial for child endangerment and conspiracy. Lynn, 61, is the first Roman Catholic church official in the U.S. charged for his handling of priest-abuse complaints. Prosecutors say he helped the church bury them in secret files, far from the prying eyes of investigators, civil attorneys and concerned Catholics.

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Oral argument audio from EMA v Cansler considering whether NC Medicaid liens comply with Ahlborn case

Posted on March 23, 2012
If you are interested in hearing how the 4th Circuit came to the decision in E.M.A. v Cansler, wherein the Court held that NC's Medicaid lien statute was not in compliance with the requirements for subrogation as set out in...

4th Circuit Court of Appeals upholds application of Ahlborn in NC- rejects reasoning of NC Supreme Court in Andrews

Posted on March 22, 2012
Finally! After about 7 years of multiple protracted litigation on three separate cases, the United States Court of Appeals for the 4th Circuit has established in the matter of E.M.A. v. CANSLER, that Ark. Dep't of Human Servs. v. Ahlborn,...

A brief "how to" for dealing with Medicare

Posted on January 19, 2012
I was sent this brief "idiot's guide" to dealing with Medicare and thought it was an excellent summary of the process. I've posted it in full, along with the contact information for a company that will help with the lien...

Medicare (CMS) offering new fixed percentage subrogation option for settlements of less than $5,000

Posted on October 25, 2011
A beneficiary who elects this option will be able to resolve Medicare's recovery claim by paying Medicare 25% of his/her total liability insurance settlement instead of using the traditional recovery process. This means that a beneficiary will know what he/she owes and will be able to immediately pay Medicare.

North Carolina Supreme Court Historical Society: 20th Annual Meeting Thursday, October 27, 201

Posted on October 07, 2011
The North Carolina Supreme Court Historical Society invites you to attend the 20th Annual Meeting and Dinner on Thursday, October 27, 2011. The dinner will be at the Carolina Country Club, 2500 Glenwood Avenue, in Raleigh, North Carolina. The reception starts at 6:00 PM and dinner starts at 7:00 PM.

NC Senate Bill 33 and Loss of Liberty: How the NC GOP rolls back 235 years of independence and makes big PHARMA the new "King"

Posted on April 12, 2011
Two Hundred and Thirty-five years ago to the day, North Carolina was the first of the Colonies to authorize its delegates to declare independence from Great Britain. So how is this relevant to "tort reform" and the pending legislation called Senate Bill 33 in the North Carolina House? Well, this law, proposed by Rep...

Why conservatives should hate NC "tort reform" in Senate Bill 33: A Tea Party primer

Posted on April 10, 2011
"Tort Reform." The NC legislators who have bought into the corporate lobbyist's money agenda in Senate Bill 33 would gladly sacrifice the liberty of the citizens at the throne of the new "King": international pharmeceutical corporations and insurance companies.

Live blogging from Tory reform Committee

Posted on April 10, 2011
Rhino says collateral source is out of bill. Punitives clarified that no attorney fees will be paid on punitive 75% paid to state. 2.3a. Med mal changed from 250 per defendant to 500k total not per defendant. Change page 7...

Will NC be the worst state for manufacturers? The unintended consequence of HB 542: Destroys insurance and business subrogation for losses from product fauilure

Posted on April 07, 2011
North Carolina House Bill 542 destroys the right of a NC manufacturer and their insurance company to subrogate on catastrophic losses caused by defective products. This hurts manufacturing, business, and insurance interests in North Carolina. Why would a manufacturer choose North Carolina over 49 other states knowing that it had no protections from faulty products within its own facility?

If NC House bill 542 passes, we will need some new welcome signs for NC

Posted on April 04, 2011
If North Carolina House bill 542 passes, and gives amnesty to corporations that kill people, we'll need to change the "welcome signs" on all of our interstate highways. Some suggestions.

House Bill 542: NC to be dumping ground for dangerous products

Posted on April 01, 2011
The North Carolina House introduced House Bill 542 on March 30. This bill grants immunity from suit to any product "regulated" by a State or Federal Agency. This Bill will make NC a dangerous dumping ground for poisonous and defective...

NC House Bill 542 may give immunity to not only Emergency Room doctors but also to doctors delivering babies

Posted on March 31, 2011
NC House Bill 542 the Omibus "Tort Reform" Bill, has a provision that on its face seems to give immunity to "Emergency Rooms" for negligence. But the Bill is very subtle in the way it defines "emergency." This information was brought to my attention by a lawyer who used to be a Hospital Administrator and know how EMTALA works...

Live Blogging Test Post

Posted on March 31, 2011
This is a test post. Today the NC house Select committee on Tort Reform meets at 11am to discuss, for only two hours, a massive overhaul of the right to a fair trial by jury. I will attempt to "live...

Rep. Jonathan Rhyne speaking

Posted on March 31, 2011
Next meeting will be 11 am next thursdday. Amendments must be submitted to clerk by Wednesday if next week. No comments from members.

John Faulkner, MD whose wife was burned by medical negligence

Posted on March 31, 2011
dr faulkner is a primary care doctor. He's been sued, and a plaintiff. Wife Joan. 5 children. 10 Yeats ago burned. Shows photos of her severe burns to her face and photos of slow recovery. She does not want to...

Steve Wilson for NC Farm Bureau and trespass act

Posted on March 31, 2011
Says that the provision simply codifies the current state of the law. He misrepresents the law Nc did away with the three part duty set up many years ago. Overrides the common law. I've brought one premises case in 17...

Still talking about annuities

Posted on March 31, 2011
Still galling about the annuities. Least controversial part of this bill. Rest my fingers.

Tacket lecarpentier from lawyers insurance agency

Posted on March 31, 2011
Tackett is employee of Lawyers mutual. But not speaking for them. Says he is here as a neutral for colleagues in national structured settlement groups. Flaws in the periodic payments sections which could cause inintemder tax consequences. Offering to help...

Sammy Thompson for negligent doctors

Posted on March 31, 2011
Sammy Thompson has spent 40 years defending medical malpractice cases. Best and brightest doctors get sued and they get sued a lot. Makes te doctors risk adverse (Dont we want doctors to be risk adverse) Pushes doctors to order MRIs...

Lorrie Sanders. Patient advocate

Posted on March 31, 2011
Not a lobbyist. Citizen for good medical care. Telling the story of her son Ethan, who dies because the ER misdiagnosed him with croup to death in 4 days. Patients need to have safety on medical side. System is failing...

Defective product seller still speaking

Posted on March 31, 2011
He's misrepresenting the law. Says that products immunity still preserves good cases. The lie in that is that it only preservers cases where there has been misrepresentation by the manufacturer. Sorry for all the typos. Doing this in iPhone with...

Missed Janet ward Black

Posted on March 31, 2011
Had to hold the exhibits for Janet Ward Black speaking against immunity on products liability. It was awesome. Does NC want to be the only state in the nation where poisoned baby food is given amnesty? Cites Michigan losing out...

David hood for chamber of commerce

Posted on March 31, 2011
Atty fees provison. Let me tell you a story. Williams sues Mast. Gets verdict of 62 dollars after a 500 offer. This Atty fees statute allows for this. Mary sues Carpenter. Jury says $132.94 but you lose, but your lawyer...

North Carolina Legislature wants to give immunity from law suits to manufactures of deadly products that kill and maim people and destroy property

Posted on March 30, 2011
The North Carolina House is set to discuss a "tort reform" Bill that would grant immunity from suit to any defective product "regulated" by a State or Federal Agency. This proposed law will make North Carolina a dumping ground for dangerous and defective products and not add one single job...

How some lawyer lobbyists are posing as "the people" in order to take away the right to a trial by jury for those maimed or killed by a small group of bad doctors: The birth of "astro-turf" organization "North Carolinians for Affordable Health Care"

Posted on March 17, 2011
As you read this rather lengthy post, you'll get to see how a small group of politically connected lawyers created an "astro-turf" organization to persuade politicians and the public to take away the rights or regular people to bring a claim against an insurance company and hospital when that hospital makes a mistake that injures, maims, or kills someone they love.

Medical Malpractice "reform" proposed in NC: Do it yourself tort reform release

Posted on February 02, 2011
The new GOP majority Senate in the General Assembly of North Carolina has just introduced the "wish list" of Medical Malpractice Tort Reform bills today. Senate Sponsors: Tom Apodaca(R), Tom Brown(R) and Bob Rucho(R). This proposed Senate Bill S33 is...

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