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Home / Opinion Digests / Civil Practice / Civil Practice –  Subject Matter Jurisdiction – SHP Lien – Medical Malpractice Settlement (access required)

Civil Practice –  Subject Matter Jurisdiction – SHP Lien – Medical Malpractice Settlement (access required)

The State Health Plan is a creature of statute, and G.S. § 135-48.37 gives the SHP the right to first recovery—up to 50 percent of the total damages recovered—when a plan member settles a medical malpractice action. Our courts lack jurisdiction to further reduce the amount of the SHP lien based on principles of equity. We ...

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