Phillip Jackson is a Fellow of the American College of Trial Lawyers with more than 30 years of experience in complex litigation and trial matters. He represents healthcare providers and organizations in medical malpractice defense, commercial disputes, False Claims Act matters, antitrust claims and other high-stakes litigation.
A native of Western North Carolina, Phillip began his legal career in private practice in his hometown of Hendersonville. He also served as an Assistant Attorney General for the North Carolina Department of Justice, where he defended state departments, agencies and employees in a wide range of civil matters.
Phillip has represented clients in the North Carolina Superior Court Division, the North Carolina Court of Appeals, the North Carolina Supreme Court, the United States District Courts for the Western and Middle Districts of North Carolina and the United States Court of Appeals for the Fourth Circuit.
Phillip has been active in the North Carolina Bar Association, including service on the Litigation Council and as Co-Chair of the Litigation Council Legislative Committee. He has also been active in the North Carolina Association of Defense Attorneys, where he has served as a member of its board and as Chair of the Medical Malpractice Practice Group.
Healthcare litigation, including representation of healthcare organizations in False Claim Act matters and antitrust matters
Representation of licensed professionals in regulatory and licensing board matters
Fellow, American College of Trial Lawyers (ACTL). Phillip serves as a member of the North Carolina State Committee and is a former member of the Teaching of Trial and Appellate Advocacy Committee for the ACTL. The ACTL comprises the best of the trial bar from the United States and Canada. Fellowship in the ACTL is extended by invitation only to those experienced trial lawyers of diverse backgrounds who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.
North Carolina Legal 250, North Carolina Lawyers Weekly’s recognition program honoring influential and accomplished attorneys across the state as selected by the publication’s editorial team.
North Carolina Lawyers Weekly Powerlist – Medical Malpractice
AV Preeminent Peer Review Rated by Martindale-Hubbell
The Best Lawyers in America: 2017 and 2022 Asheville Lawyer of the Year for Medical Malpractice Law—Defendants; 2021 and 2025 Asheville Lawyer of the Year for Litigation—Insurance; Appellate Practice, 2016-present; Commercial Litigation, 2015–present; Litigation—Health Care, 2016–present; Litigation-Insurance, 2014–present; Medical Malpractice Law—Defendants, 2015–present.
North Carolina Super Lawyers: Personal Injury Medical Malpractice: Defense, 2019–present.
Defense verdict for trauma surgeon involving complications from emergency surgery.
Defense verdict for hospital related to brain injury to neonate caused by scalp IV extravasation.
Defense verdict for spine surgeon where plaintiff suffered permanent lower extremity paraplegia after being diagnosed with cauda equina syndrome.
Defense verdict for emergency room physician where 52-year-old patient died from complications of a pulmonary embolism that he experienced while walking out of the emergency department.
Obtained an appellate ruling holding that a jury verdict of no negligence in credentialing a neurosurgeon was binding under collateral estoppel on a different plaintiff bringing the same claim against the hospital. Collar v. Fletcher Hospital, Inc., 930 S.E.2d 672 (2026).
Successfully established that documents sought by a plaintiff in discovery were protected by the medical review committee privilege contained in N.C. Gen. Stat. 131E-95. Estate of Ray v. Forgy, 245 N.C. App. 430 (2016).
Successfully established that a hospital evaluating a patient for an involuntary commitment proceeding does not owe a duty to third parties harmed by that patient. McArdle v. Mission Hosp., Inc., 804 S.E.2d 214 (2017), review denied, 370 N.C. 380, 807 S.E.2d 150 (2017).
Successfully established that medical literature published after the treatment date was admissible to challenge the plaintiff’s causation theory in an alleged failure to timely treat sepsis case. Ingram v. Henderson Cty. Hosp. Corp., Inc., 815 S.E.2d 719, 722 (2018).
Successfully defended an emergency department physician in a case where the North Carolina Supreme Court rejected the “loss of chance” theory of liability in an ischemic stroke case. Parkes v. Hermann, 376 N.C. 320 (2020).
Successfully had a trial court order excluding causation testimony offered by plaintiff’s expert witness affirmed on appeal based on Rule 702 of the Rules of Evidence and North Carolina’s application of the Daubert standard. Wallace v. Maxwell, 270 N.C. App. 639, 838 S.E.2d 696 (2020).
Obtained a defense jury verdict for hospital following a 6-week trial where hospital was alleged to have improperly treated sepsis requiring the patient to undergo multiple amputations.
Obtained a defense jury verdict for hospital following a 7-week trial where hospital was alleged to have negligently credentialed a neurosurgeon.
Obtained a defense verdict for hospital in an alleged medical malpractice case involving the death of a patient. The jury verdict in favor of hospital was returned after approximately six weeks of trial.
Obtained a jury verdict on behalf of a nonprofit healthcare organization client securing a million-dollar bequest to the client. The jury verdict was returned after a five-week trial. The jury verdict and judgment were affirmed on appeal. In the Matter of the Estate of Pickelsimer, 242 N.C. App. 582 (2015).
Obtained a defense directed verdict for a spine surgeon accused of negligence following complications from a spine fusion operation.
Obtained summary judgment for a hospital in a case alleging negligence in the failure to treat an ischemic stroke with rt-PA.
Obtained a defense jury verdict for an obstetrician accused of negligence in the emergency delivery of twins.
Obtained summary judgment for hospital in case alleging negligence in treating necrotizing fasciitis.
Obtained summary judgment for a hospital in a case alleging negligence in establishing a patient’s code status.
Obtained defense jury verdict for obstetrician accused of negligence.
Obtained summary judgment for a hospital in a case alleging negligent credentialing and supervision of a physician.
Obtained defense jury verdict for internal medicine physician accused of negligence related to the placement of a pacemaker.
Obtained reversal in the Court of Appeals of a trial court order declaring that a bank account lacked right of survivorship status. Albert v. Cowart, 200 N.C. App. 57, 682 S.E.2d 773 (2009). In the same case, later successfully defended a judgment enforcing the client’s rights in the Court of Appeals. Albert v. Cowart, 727 S.E.2d 564 (N.C. Ct. App. 2012).
Obtained favorable outcome from North Carolina Court of Appeals affirming judgment in favor of general contractor. McK Enterprises, LLC v. Levi, 772 S.E.2d 798 (2012) (unpublished).
Obtained favorable outcome from North Carolina Court of Appeals in alimony and equitable distribution case. Bodie v. Bodie, N.C. App., 727 S.E.2d 11 (2012).
Obtained favorable outcome from North Carolina Court of Appeals in case affirming summary judgment for hospital client. Seagle v. Cross, 680 S.E.2d 901 (2009).
Obtained favorable outcome from North Carolina Supreme Court in case reversing trial court’s evidentiary ruling on scope of cross-examination of state’s witness. State v. Whaley, 362 N.C. 156, 655 S.E.2d 388 (2008).
Obtained reversal in Court of Appeals of trial court judgment for $1,950,000.00 in highway maintenance operations case. Underwood v. North Carolina Dept. of Transportation, 179 N.C. App. 227 (2006) (unpublished).
Obtained favorable outcome from North Carolina Court of Appeals in case affirming jury verdict in favor of obstetrician alleged to have been negligent during a shoulder dystocia. Suarez v. Wotring, 155 N.C. App. 20, 573 S.E.2d 746 (2002).