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… Read More
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Federal Appellate Court Reinstates Pelvic Mesh Lawsuit As Timely Filed
The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”), in its opinion filed on August 13, 2020, stated, “Karla Parton appeals the district court’s dismissal of her product-liability suit against Johnson & Johnson and Ethicon, which… Read More
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New Mexico Federal Appellate Court Rules Legal Malpractice Case Arising From Medical Malpractice Case Was Filed Too Late
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… Read More
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Pennsylvania Supreme Court Holds Medical Care Availability And Reduction of Error Act’s 7-Year Statute Of Repose Is Unconstitutional
In its opinion dated October 31, 2019, the Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”) stated: “In this appeal by allowance, we consider whether the seven-year statute of repose in Section 1303.513(a) of the Medical Care Availability and… Read More
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South Carolina Supreme Court Discusses Statute Of Repose In Medical Malpractice Cases
The issue addressed by the South Carolina Supreme Court in its opinion filed on March 27, 2019 was: “In a medical malpractice case where evidence exists that doctors breached the standard of care on multiple occasions, does the statute of… Read More
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North Carolina Appellate Court Applies Continuous Course Of Treatment Doctrine In Reviving Medical Malpractice Case
The Court of Appeals of North Carolina (“North Carolina Appellate Court”) applied the continuous course of treatment doctrine in its opinion filed on September 18, 2018 in reviving a North Carolina medical malpractice case in which the plaintiffs alleged that… Read More
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Ohio Appellate Court Holds Statute Of Repose Applies To Medical Malpractice Wrongful Death Actions
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… Read More
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South Carolina Appellate Court Applies Statute Of Repose To Overturn Summary Judgment For Medical Malpractice Defendants
The State of South Carolina Court of Appeals (“South Carolina Appellate Court”) overturned summary judgment that the trial court had entered in favor of the defendant physician and the defendant medical university in a case decided on February 7, 2018,… Read More
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Illinois Supreme Court Holds Relation Back Statute Applied To Plaintiff’s Medical Malpractice Wrongful Death Claim And Was Not Barred By Statute Of Repose
The Supreme Court of the State of Illinois (“Illinois Supreme Court”) stated in its opinion filed on November 30, 2017 that the plaintiff’s medical malpractice wrongful death cause of action accrued upon the decedent’s death, which occurred several months after… Read More
