It depends. Prisha Mosely is already claiming she's going to use it to revive her dismissed Med Mal Claim (Hers is the only detrans lawsuit in NC I'm aware of), but I doubt it'll be as simple as she claims since there will likely be legal challenges filed against it before the law goes into effect.
Thanks for the response! Even if the law somehow survives a legal challenge though, are there still other technicalities that could get it thrown out or something? Or was the SOL really her only obstacle?
My understanding is that the reason the Med Mal counts in her case were dismissed was due to SoL. Ultimately even if it goes to trial on those counts, I still don't think she has a chance. Currently only the Fraud count is going to trial and that ones near impossible to actually prove in court.
My read on the intent of the lawmakers is less to do with lawsuits actually being filed and moreso as a deterrent to force physicians in North Carolina to stop providing GAC to patients of all ages because of the increased legal risk and likely increase in malpractice insurance coverage.
I really hope providers will recognize that these lawsuits evidently aren’t very common and none have succeeded, thus there is not much legal risk in continuing to provide care for adults! (I know they can’t with minors since it’s already banned for them in NC)