State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-5_3

§ 90‑5.3.  Reporting andpublication of medical judgments, awards, payments, and settlements.

(a)        All physicians andphysician assistants licensed or applying for licensure by the Board shallreport to the Board:

(1)        All medicalmalpractice judgments or awards affecting or involving the physician orphysician assistant.

(2)        All settlements inthe amount of seventy‑five thousand dollars ($75,000) or more related toan incident of alleged medical malpractice affecting or involving the physicianor physician assistant where the settlement occurred on or after May 1, 2008.

(3)        All settlements inthe aggregate amount of seventy‑five thousand dollars ($75,000) or morerelated to any one incident of alleged medical malpractice affecting orinvolving the physician or physician assistant not already reported pursuant tosubdivision (2) of this subsection where, instead of a single payment ofseventy‑five thousand dollars ($75,000) or more occurring on or after May1, 2008, there is a series of payments made to the same claimant which, in theaggregate, equal or exceed seventy‑five thousand dollars ($75,000).

(b)        The report requiredunder subsection (a) of this section shall contain the following information:

(1)        The date of thejudgment, award, payment, or settlement.

(2)        The specialty inwhich the physician or physician assistant was practicing at the time theincident occurred that resulted in the judgment, award, payment, or settlement.

(3)        The city, state, andcountry in which the incident occurred that resulted in the judgment, award,payment, or settlement.

(4)        The date theincident occurred that resulted in the judgment, award, payment, or settlement.

(c)        The Board shallpublish on the Board's Web site or other publication information collectedunder this section. The Board shall publish this information for seven yearsfrom the date of the judgment, award, payment, or settlement. The Board shallnot release or publish individually identifiable numeric values of the reportedjudgment, award, payment, or settlement. The Board shall not release or publishthe identity of the patient associated with the judgment, award, payment, orsettlement. The Board shall allow the physician or physician assistant topublish a statement explaining the circumstances that led to the judgment,award, payment, or settlement, and whether the case is under appeal. The Boardshall ensure these statements:

(1)        Conform to theethics of the medical profession.

(2)        Not containindividually identifiable numeric values of the judgment, award, payment, orsettlement.

(3)        Not containinformation that would disclose the patient's identity.

(d)        The term"settlement" for the purpose of this section includes a payment madefrom personal funds, a payment by a third party on behalf of the physician orphysician assistant, or a payment from any other source of funds.

(e)        Nothing in thissection shall limit the Board from collecting information needed to administerthis Article.  (2009‑217,s. 3.)