Upon motion of any party in an action that includes a claim brought pursuant to this Article involving a managed care entity, the court shall order separate discovery and a separate trial of any claim, cross-claim, counterclaim, or third-party claim against any physician or other health care provider. (2001-446, s. 4.7.)

Terms Used In North Carolina General Statutes 90-21.53

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Health care provider: includes : (i) an agent or employee of a health care facility that is licensed, certified, or otherwise authorized to provide health care services; (ii) the officers and directors of a health care facility; and (iii) an agent or employee of a health care provider who is licensed, certified, or otherwise authorized to provide health care services. See North Carolina General Statutes 90-21.50
  • Managed care entity: means an insurer that:

    a. See North Carolina General Statutes 90-21.50

  • Physician: means :

    a. See North Carolina General Statutes 90-21.50

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.