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New Jersey Medical Malpractice Case Involving Spinal Abscess Filed Too Late

June 8, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its May 24, 2021 opinion in a New Jersey medical malpractice case where the plaintiff alleged that the defendants failed to timely diagnose and drain his spinal abscess that led to permanent para[...]

Ohio Supreme Court Holds Statute Of Repose Cannot Save Medical Malpractice Case That Was Filed Too Late

January 11, 2021

In its decision dated December 23, 2020, the Ohio Supreme Court held: “This appeal asks whether a plaintiff may take advantage of Ohio’s saving statute to refile a medical claim after the applicable one-year statute of limitations has expired if the four-year statute of repose for medical cl[...]

California Appellate Court Affirms New Trial For Medical Malpractice Plaintiff For Erroneous Statute Of Limitations Ruling

May 24, 2020

The Court of Appeal of the State of California Fifth Appellate District (“California Appellate Court”) affirmed in its opinion filed on March 4, 2020 the trial court’s grant of a new trial to the California medical malpractice plaintiff, stating “we agree with the trial court[...]

Missouri Supreme Court Holds Gynecological Medical Malpractice Case Filed Too Late

May 23, 2020

The Supreme Court of Missouri en banc (“Missouri Supreme Court”) held in its opinion filed on March 31, 2020: “the uncontroverted material facts are that the necessity that gave rise to Dr. Meddows-Jackson’s duty of continuing care ceased when the treatment for cyst removal and r[...]

Michigan Appellate Court Holds Delayed Diagnosis Of Breast Cancer Medical Malpractice Case Filed Too Late

September 2, 2019

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated August 13, 2019: “When [the decedent’s] lump was biopsied and she “received a definitive diagnosis of cancer,” she … “could have surmised that defendants were[...]

Wisconsin Appellate Court Applies Discovery Rule In Reviving Medical Malpractice Wrongful Death Case

February 25, 2019

In its decision filed on February 14, 2019, the Wisconsin Court of Appeals held in a Wisconsin medical malpractice wrongful death case that “summary judgment should not have been granted in favor of [the defendant cardiac surgeon]. Instead, we conclude that there are competing reasonable infer[...]

Pennsylvania Supreme Court Applies Discovery Rule In Reinstating Failure To Diagnose Lyme Disease Case

October 20, 2018

The Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”) held in its opinion filed on October 17, 2018, “we respectfully find that the Superior Court erred by concluding, as a matter of law, that Plaintiffs knew or should have known sometime between July and[...]

Massachusetts Appellate Court Affirms That Medical Malpractice Complaint Was Filed Too Late

March 10, 2018

On February 21, 2018, the Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) affirmed summary judgment for the defendant in a Massachusetts medical malpractice case in which the plaintiff alleged that the defendant surgeon was negligent in performing her abdomi[...]

New York’s “Lavern’s Law” Signed Into Law

February 2, 2018

On January 31, 2018, New York Governor Andrew Cuomo signed into law “Lavern’s Law,” which changes the medical malpractice law in New York so that the two-and-a-half year statute of limitations in New York medical malpractice cancer cases begins to run on the date of discovery of th[...]

Proposed Law Would Extend New York’s Statute Of Limitations For Certain Medical Malpractice Claims

June 25, 2017

New York’s current statute of limitations for medical malpractice claims is two years and six months from the date of the alleged medical negligence, regardless whether the medical negligence and the harm caused by the medical negligence are known to the medical malpractice victim within the t[...]

Facebook Post Helps To Torpedo Lyme Disease Misdiagnosis Case

January 7, 2017

In its decision filed on December 22, 2016, the Superior Court of Pennsylvania (“Appellate Court”) held that reasonable minds could not differ in the conclusion that the medical malpractice plaintiff knew, or reasonably should have known, between July and September, 2009, that her long-s[...]

California Appellate Court Discusses When Statute Of Limitations Begins To Run In Medical Malpractice Case

November 10, 2016

In its opinion filed on October 31, 2016, the Court of Appeal of the State of California Second Appellate District Division Seven (“Appellate Court”) held that when the plaintiff in a medical malpractice action alleges the defendant health care provider misdiagnosed or failed to diagnose[...]

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Tag: discovery rule