medical malpractice statute of repose Archives

North Carolina Supreme Court Holds Negligent Retention Claim Is Medical Malpractice Claim

January 31, 2026

The Supreme Court of North Carolina stated in its December 12, 2025 opinion: “[T]he General Assembly has defined a medical malpractice action as an action encompassing negligent retention claims against corporate entities … The General Assembly has chosen to bar malpractice actions four [...]

Massachusetts Supreme Court Clarifies Application Of Statute Of Repose In Medical Malpractice Cases

April 1, 2025

In its March 27, 2025 Opinion, the Massachusetts Supreme Judicial Court stated: “Although the statute of repose bars medical malpractice causes of action based on negligent acts or omissions that occurred more than seven years before the commencement of the action, it does not shield later neg[...]

Georgia Supreme Court Rules COVID-19 Emergency Order Tolls Five-Year Statute Of Repose In Medical Malpractice Cases

September 3, 2024

The Supreme Court of Georgia stated in its July 2, 2024 decision “we conclude that Golden’s claims were not time-barred because the March 14 Order tolled OCGA § 9-3-71 (b), and that under these circumstances there is no impediment in the federal or Georgia Constitutions for the statute of r[...]

North Carolina Appellate Court Holds Negligent Retention Claim Not Subject To Statute Of Repose In Medical Malpractice Case

August 27, 2024

Background Facts Plaintiffs filed a North Carolina medical malpractice lawsuit against Defendants arising out of medical care Brittany Jeanne Cottle received for back pain, while a minor, from Dr. Keith Pinkney Mankin, MD (specifically, from injuries she claimed she suffered as a result of two surge[...]

Ohio Supreme Court Holds Wrongful Death Claims Based On Medical Care Are Subject To 4-Year Medical Malpractice Statute Of Repose

March 10, 2024

The Supreme Court of Ohio held in its December 28, 2023 opinion: “The broad definition of “medical claim” that applies to the statute of repose clearly and unambiguously includes wrongful-death claims based on medical care, and nothing in Ohio’s statutory wrongful-death chapter negates t[...]

Washington Supreme Court Holds 8-Year Statute Of Repose Unconstitutional In Medical Malpractice Cases

February 13, 2024

The Supreme Court of the State of Washington (“Washington Supreme Court”) stated in its En Banc opinion filed on December 7, 2023: “we reaffirm the legislature’s broad authority to set time limits for commencing an action. We also recognize that when exercising this authority, th[...]

Georgia Appellate Court Holds Five-Year Statute Of Repose Applies To Chiropractor Malpractice Claim

February 9, 2024

The Court of Appeals of Georgia stated in its December 4, 2023 opinion: “The central question in this appeal is whether a professional negligence action alleging breach of the standard of care by a chiropractor is subject to the five-year statute of repose applicable to actions for medical mal[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Ohio Appellate Court Revives Medical Malpractice Wrongful Death Claim, Finding Statute Of Repose Did Not Apply

August 8, 2022

Court Revives Wrongful Death Claim: In its opinion filed on May 19, 2022, the Court of Appeals of Ohio Tenth Appellate District (“Ohio Appellate Court”) revived an Ohio medical malpractice case in which the trial court had granted summary judgment to the defendant, stating, “on the[...]

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[...]

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[...]

Ohio Appellate Court Finds Hernia Mesh Left After Surgery May Be Foreign Object Allowing Late Filed Medical Malpractice Case

June 7, 2019

The Court of Appeals of Ohio Eighth Appellate District County of Cuyahoga (“Ohio Appellate Court”) held in its Journal Entry And Opinion filed on May 23, 2019: “Although foreign-object cases have generally involved objects such as surgical instruments, needles, and sponges that wer[...]

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