News & Analysis as of

Cause of Action Accrual Medical Malpractice

Hinshaw & Culbertson - Lawyers for the...

Plaintiff's Successor Counsel Not Liable for Contribution Where Underlying Case Was "Irretrievably Lost" Before He Was Retained

McNellis-Wallace v. Hoffman, et. al., Superior Court of New Jersey, Appellate Division, Docket No. A-1488-19T1 - Brief Summary - A New Jersey appellate court held that a defendant in a malpractice case could not maintain a...more

Melito & Adolfsen

Understanding What Needs to be Proved to Show Medical Malpractice, Negligence, or Violation of The Public Health Law in a Nursing...

Melito & Adolfsen on

In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of Article 28...more

Steptoe & Johnson PLLC

PA Supreme Court Rules Section of MCARE Act Unconstitutional

Steptoe & Johnson PLLC on

On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more

White and Williams LLP

Pennsylvania MCARE’s Statute of Repose Declared Unconstitutional

White and Williams LLP on

In Yanakos v. UPMC, the Pennsylvania Supreme Court, in a 4-3 decision, struck down the seven-year statute of repose in the Medical Care Availability and Reduction of Error (MCARE) Act as unconstitutional. MCARE’s statute of...more

Foley & Lardner LLP

Wisconsin Court of Appeals Issues Important Decision under “Borrowing” Statute

Foley & Lardner LLP on

If your work involves civil litigation in Wisconsin, you’ve likely run across Wis. Stat. § 893.07, the state’s borrowing statute, which governs the application of foreign statutes of limitations to cases filed in Wisconsin....more

Pullman & Comley, LLC

2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Harris Beach PLLC

New York Law Extends Statute of Limitations for Failure to Diagnose Cancer

Harris Beach PLLC on

On January 31, 2018, New York State Governor Andrew M. Cuomo signed into law Senate Bill S 7588-A, which amended the statute of limitations for medical, dental and podiatric malpractice cases where there is an alleged failure...more

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