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A Family Practice. A Cunning Nurse. Does Section 75-1.1 Apply To Her Conduct?

By Stephen Feldman

North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.”

But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from Section 75-1.1.

One clear takeaway from this language is that a professional’s treatment of a patient or client doesn’t violate Section 75-1.1. A medical malpractice plaintiff can’t get treble damages.

It’s less clear, however, whether this language applies to claims about conduct between or among medical professionals.

This post studies a recent Business Court decision on that issue. The decision comes from a case styled Alamance Family Practice, P.A. v. Lindley, 2018 NCBC 82 (N.C. Super. Aug. 14, 2018).

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