Supreme Court Eyes State Claims On Malpractice Settlements

Law360, New York (January 8, 2013, 6:00 PM EST) -- The U.S. Supreme Court on Tuesday scrutinized a North Carolina law entitling Medicaid to a preset portion of medical malpractice settlements, questioning whether it opens the door for states to grab excessive sums from badly injured patients.

The high court was reviewing a decision in which the Fourth Circuit last year found that North Carolina had breached the Medicaid Act by saying it always had a right to a minimum share of a settlement, regardless of circumstances. The state had laid claim to the lesser of...
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