Negligence Claim For Practice Of Medicine Without License Is Preempted By ERISA, Judge Says

Mealey's (December 1, 2017, 9:19 AM EST) -- LEXINGTON, Ky. — A Kentucky federal judge on Nov. 28 determined that a plaintiff’s claim for negligence per se for the practice of medicine without a license based on a defendant’s certification of information about the plaintiff’s disability without approval from the plaintiff’s doctor is preempted by the Employee Retirement Income Security Act and must be dismissed (Mark Morcus v. Medi-Copy Services Inc., et al., No. 17-229, E.D. Ky., 2017 U.S. Dist. LEXIS 195485)....