tolling statute of limitations Archives - Medical Malpractice Lawyers

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 Revives Medical Malpractice Case Erroneously Dismissed On Statute Of Limitations Grounds

January 14, 2023

Medical Malpractice Case Erroneously Dismissed: The State of Michigan Court of Appeals (“Michigan Appellate Court”) stated in its published opinion issued on September 22, 2022: “For more than 40 years, civil plaintiffs have relied on the tolling of applicable statutes of limitatio[...]

Mississippi Supreme Court Determines Medical Malpractice Presuit Notice And Complaint Were Timely Filed

October 23, 2021

The Supreme Court of Mississippi held in its opinion dated September 9, 2021 that the Mississippi medical malpractice plaintiff “provided valid presuit notice under both Section 15-1-36(15) and the MTCA. She simply failed to send a second notice after her first lawsuit was dismissed … [t[...]

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[...]

North Carolina Appellate Court Says Adjudication Of Incompetency Not Necessary To Toll Statute Of Limitations In Medical Malpractice Case

January 19, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its January 2, 2018 decision that the trial court erred by determining that an adjudication of incompetency pursuant to Chapter 35A was required for the statute of limitations to be tolled in the present ca[...]

Oregon Appellate Court Revives Medical Malpractice Claim Filed Under Oregon Tort Claims Act

July 16, 2017

In its decision filed on June 21, 2017, the Court of Appeals of the State of Oregon (“Oregon Appellate Court”) reversed the trial court’s dismissal of the plaintiff’s surgical medical malpractice claim filed pursuant to the Oregon Tort Claims Act (OTCA), holding that the plai[...]

West Virginia Supreme Court Says Two-Year Statute Of Limitations In Medical Malpractice Cases Begins To Run On Date Of Death For Incompetent Victims

June 2, 2016

In its opinion filed on May 19, 2016, the Supreme Court of Appeals for West Virginia (“West Virginia Supreme Court”) held that the tolling provisions of the general disability savings statute apply to a medical malpractice cause of action brought by a personal representative. In the cas[...]

Massachusetts Appeals Court Adopts Continuing Treatment Doctrine In Medical Malpractice Cases

August 13, 2015

In its decision filed on August 7, 2015, the Massachusetts Appeals Court had to decide whether the continuing treatment doctrine tolls the statute of limitations in medical malpractice actions in Massachusetts. The Appeals Court held that the statute of limitations shall be tolled on a medical m[...]

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