fraudulent concealment Archives - Medical Malpractice Lawyers

Indiana Appellate Court Holds Jury Should Decide When Medical Malpractice Statute Of Limitations Began To Run In Fraudulent Concealment Of Sperm Donor Claim

July 15, 2025

Anonymous Physician (“Physician”) used his own sperm to inseminate the mother of Anonymous Child I without her consent. Child was born in 1985. On May 26, 2022, Child filed a Proposed Complaint for Damages with the Indiana Department of Insurance (“IDOI”) against Physician and Anonymous Heal[...]

Iowa Supreme Court Grants Summary Judgment For Defendant In Cancer Misdiagnosis Case

September 20, 2022

In an Iowa medical malpractice case involving the failure to diagnose kidney cancer, the Supreme Court of Iowa stated in its opinion filed on April 22, 2022, “When the underlying cause of action is one for failure to disclose a medical condition, as here, a defendant’s continued failure to d[...]

Iowa Appellate Court Allows Fraudulent Concealment Claim In Medical Malpractice Case

November 2, 2021

The Court of Appeals of Iowa (“Iowa Appellate Court”) stated in its opinion filed on October 6, 2021 in an Iowa medical malpractice case: “The medical professionals assert the action is time-barred by the statute of repose set forth in Iowa Code section 614.1(9) (2018). Linda’s e[...]

Indiana Supreme Court Holds Statute Of Repose Precludes Plaintiff’s Fraudulent Concealment Of Medical Diagnosis Claim

September 25, 2021

The Indiana Supreme Court stated in its opinion dated August 31, 2021: “the plaintiff, having been misinformed of a medical diagnosis by her provider, which dissolved its business more than five years prior to the plaintiff filing her complaint, seeks relief for her injuries on grounds of frau[...]

Michigan Appellate Court Affirms Medical Malpractice Plaintiff Cannot Recover For Surgical Towel Left In Him 17 Years Prior

March 14, 2021

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated February 18, 2021, “there is no proof that defendants were aware that a towel was retained in plaintiff’s body following his February 2000 surgery. This fact is determinative[...]

Pennsylvania Appellate Court Reinstates Medical Malpractice Case Filed After Two-Year Statute Of Limitations Expired

September 11, 2020

In its opinion dated July 30, 2020, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated, “In its order granting the Conaboy Defendants’ motion for summary judgment, the trial court held that because Mrs. Whitman died of an abdominal aortic aneurysm, and the[...]

Indiana Appellate Court Says Fraudulent Concealment Tolls Statute Of Repose In Medical Malpractice Case

August 6, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated June 26, 2020: “where there is a sufficient factual demonstration of fraudulent concealment, such concealment equitably estops the fraudulent party from invoking the five-year nonclaim limit in th[...]

Tennessee Appellate Court Finds No Fraudulent Concealment, Applies Statute Of Repose To Medical Malpractice Claim

June 6, 2020

The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion filed on March 11, 2020 in a Tennessee medical malpractice case, “Based on the undisputed facts, we conclude that Ms. Tucker’s claims against these defendants are barred by the statut[...]

Utah Supreme Court Affirms Viability Of Fraudulent Concealment Medical Malpractice Claim

April 1, 2020

The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion dated February 18, 2020: “We affirm the denial of defendants’ motions to dismiss. In so doing we conclude that the statutory tolling provisions in Utah Code section 78B-3-404(2) apply to both the tw[...]

Missouri Supreme Court Affirms That Medical Malpractice Fraudulent Concealment Claims Were Time Barred

January 5, 2020

The December 10, 2019 opinion of the Supreme Court of Missouri affirmed a lower court ruling that the Missouri medical malpractice plaintiffs’ fraudulent concealment claims against the defendant health care providers were time barred because the facts upon which they now rely to show fraud wer[...]

Tag: fraudulent concealment