medical malpractice statute of limitations Archives

Ohio Appellate Court Rules Medical Malpractice Case May Have Been Timely Filed

January 4, 2026

On July 20, 2021, Isidora Tsonis went to Miami\Valley Hospital (“MVH”) for an electrophysiology study, a cardiology procedure requiring general anesthesia with intubation. Edward Jones, a certified registered nurse anesthetist, provided anesthetic services for the procedure. According to Tsonis�[...]

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[...]

Illinois Appellate Court Revives Medical Malpractice Claim Involving Gauze Left In After Nasal Surgery

June 11, 2024

In May 2022, Deanna and Mike Larson (the Larsons) filed an Illinois medical malpractice complaint against defendants Dana Crosby, M.D., SIU Physicians & Surgeons, Inc. (SIU), and “J. Doe” (an unidentified doctor or nurse employed by SIU), alleging that Crosby, an employee of SIU, negligently[...]

Indiana Appellate Court Disallows Law Firm’s Early Exit From Legal Malpractice Claim Where It Failed To Timely File Medical Malpractice Case

September 25, 2023

To prevail on a legal malpractice claim, the plaintiff has the burden of establishing the elements of the underlying medical malpractice claim. A claim of medical malpractice requires proof that (1) a duty was owed to the patient by the doctor, (2) the doctor breached that duty by allowing his condu[...]

Ohio Supreme Court Rules Absconding Doctor Tolls Medical Malpractice Statute Of Repose

March 27, 2023

Ohio Doctor absconds and is protected by statue of repose: The Ohio Supreme Court stated in its December 6, 2022 opinion: “This discretionary appeal asks whether the four-year statute of repose cuts off a plaintiff’s time for filing a medical-malpractice claim when the defendant has fled the[...]

Michigan Appellate Court Rules Estate’s Medical Malpractice Wrongful Death Lawsuit Was Filed Too Late

September 13, 2022

In a case decided by the State of Michigan Court of Appeals (“Michigan Appellate Court”) in an unpublished opinion dated December 21, 2021, the Michigan Appellate Court stated, “This case concerns the interplay among: (1) the statute of limitations for medical malpractice claims, M[...]

Wisconsin Appellate Court Revives Inmate’s Medical Malpractice Case

November 7, 2021

The Wisconsin Court of Appeals held in its opinion dated September 29, 2021: “Brandon Winzer appeals from a circuit court order dismissing his medical malpractice claim against Dr. Hartmann and Mercy Medical Center (Mercy) as time-barred under the applicable statute of limitations, WIS. STAT. [...]

Texas Appellate Court Rules Medical Malpractice Plaintiff Failed To Toll Statute Of Limitations

September 21, 2021

In Texas, health care liability claims must be brought “within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed.” TEX. CIV. PRAC. & REM. C[...]

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[...]

Federal Court Reverses Dismissal Of Puerto Rico Medical Malpractice Case

May 11, 2021

The United States Court of Appeals for the First Circuit (“Federal Appellate Court”), in its opinion dated April 21, 2021, held: “We conclude that a reasonable jury could have found that, despite exercising due diligence to acquire the knowledge needed to sue, Plaintiffs neverthele[...]

Iowa Supreme Court Applies Two-Year Medical Malpractice Statute Of Limitations To Claim Against Medical Spa

April 2, 2021

In its opinion filed on March 12, 2021 in a case in which the plaintiff alleged that the two-year statute of limitations in Iowa for medical malpractice claims did not apply to her claims arising out of medical services provided to her at a local medical spa, the Supreme Court of Iowa held: “K[...]

Ohio Supreme Court Affirms Medical Malpractice Case Filed Too Late

October 11, 2020

The Supreme Court of Ohio (“Ohio Supreme Court”) affirmed in its opinion filed on August 20, 2020 that an Ohio medical malpractice case was filed too late and that the defendants were properly granted summary judgment by the lower court, stating: “This case requires us to examine t[...]

1 2 3 4 5 6 »

Tag: medical malpractice statute of limitations