statute of limitations Archives - Medical Malpractice Lawyers

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[...]

New Mexico Federal Appellate Court Rules Legal Malpractice Case Arising From Medical Malpractice Case Was Filed Too Late

February 1, 2020

In its opinion filed on January 6, 2020, the United States Court of Appeals for the Tenth Circuit (“Federal Appellate Court”) held that the plaintiff in a legal malpractice lawsuit filed against her former New Mexico medical malprtactice lawyer for his alleged failure to timely name a de[...]

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The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated August 13, 2019: “When [the decedent’s] lump was biopsied and she “received a definitive diagnosis of cancer,” she … “could have surmised that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

Ohio Appellate Court Holds Statute Of Repose Applies To Medical Malpractice Wrongful Death Actions

July 31, 2018

In its opinion filed on June 25, 2018, the Court of Appeals of Ohio Third Appellate District Wyandot County (“Ohio Appellate Court”) held that “based on the different motivations of a statute of limitations and a statute of repose, any argument asserting that Ohio’s medical-claim[...]

Pennsylvania Supreme Court Applies Two-Year Statute Of Limitations From Date Of Death In Nursing Home Death Case

December 10, 2017

In a case decided on November 22, 2017, the Supreme Court of Pennsylvania Eastern District (“Pennsylvania Supreme Court”) held that Section 513(d) of MCARE establishes a two-year statute of limitations for medical professional liability cases in the form of wrongful death or survival act[...]

Tag: statute of limitations

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

New Mexico Federal Appellate Court Rules Legal Malpractice Case Arising From Medical Malpractice Case Was Filed Too Late

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

Ohio Appellate Court Holds Statute Of Repose Applies To Medical Malpractice Wrongful Death Actions

Pennsylvania Supreme Court Applies Two-Year Statute Of Limitations From Date Of Death In Nursing Home Death Case

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