Best & Worst States to Practice Medicine: See Where NC Ranks

This interesting article attempts to rank states from least to most friendly to physicians based on several factors including malpractice premiums, medical malpractice settlements and verdicts, physician density, access to tertiary care facilities and overall health of the population.  North Carolina ranks #23 overall but notably makes the list of lowest malpractice award payout per…

North Carolina Announces New Fiduciary Relationship for Health Care Providers Independent of Physician-Patient Relationship

On January 27, 2017, in King v. Bryant, the Supreme Court of North Carolina held that health care providers now owe prospective patients a fiduciary relationship that is independent of a physician-patient relationship and can even exist prior to formation of a physician-patient relationship. What Happened In King, the plaintiff-patient presented to an ambulatory surgical center…

Three Tips for Businesses Using Non-Competes and Non-Solicitation Agreements

In the information economy, managing employee knowledge is critical. Recent labor trends of decreasing employee tenure only heightens the importance for businesses and employers to take pro-active steps in protecting sensitive information and relationships developed in the course of business from frequent employee turnover. Regardless of industry, employment agreements such as non-competes and non-solicitation agreements…

Implied Certification in False Claims Act Cases – A Review of the U.S. Supreme Court’s Decision in Escobar

In Universal Health Services Inc. v. United States ex rel Escobar, the U.S. Supreme Court considered a False Claims Act (“FCA”) prosecution under the “implied certification theory”. Under this theory, when a provider certifies a claim for submission he or she is not only certifying the elements of the claim presented on the page but…