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Medical Malpractice Statute of Limitations

Searcy Denney Scarola Barnhart & Shipley

Understanding Statutes of Limitations for Personal Injury Cases in Florida

Personal injury cases in Florida span the range of injuries from car and truck accidents, medical malpractice, dog bites, trips and falls, and many others. Florida’s personal injury law sets out your legal rights if you have...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Steptoe & Johnson PLLC

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

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If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Haight Brown & Bonesteel LLP

Along for the Ride: Non-Patients May be Subject to MICRA's Limitations

In Lopez v. American Medical Response West (2023) Cal.Rptr.3d (2023 WL 2518511), the California Court of Appeal, First Appellate District, affirmed a lower holding that the one-year statute of limitations under professional...more

Marshall Dennehey

Florida Passes Tort Reform: What You Need to Know

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On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes...more

Woodruff Sawyer

MICRA Reform: What It Means for California Healthcare Providers

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MICRA, or the Medical Injury Compensation Reform Act of 1975, is a California statute that limits the non-economic damages portion of medical malpractice claims with the intent of reducing tort liability for healthcare...more

Morris James LLP

Medical Malpractice in Maryland

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What is considered medical malpractice? Under Maryland law, a medical professional commits medical malpractice by providing medical care that is inconsistent with the accepted standards of practice for similar health care...more

Rumberger | Kirk

Florida Supreme Court Resolves Conflict Among District Courts of Appeal over MedMal Notice Period

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What’s the difference between too late and just in time? The Supreme Court of Florida just decided that a medical malpractice plaintiff who mails the required presuit notice before the expiration of the statute of...more

Rivkin Radler LLP

Malpractice Statute of Limitations Doesn’t Apply to Indemnity Claim by Hospital

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This is outside our usual catchment area, but interesting nonetheless. The Indiana Supreme Court ruled on March 8 that the state’s Medical Malpractice Act (MMA) does not apply to claims for indemnification filed by one...more

Robins Kaplan LLP

Robins Kaplan Justice Report Winter 2021 | VOL. 15 NO. 1

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ESTABLISHING DUTY IN CHILD SEX ABUSE CASES AGAINST THE JEHOVAH’S WITNESSES - In 2019, 13 states and the District of Columbia amended civil statutes to enlarge statutes of limitations for child sex abuse claims. Eight of...more

Miles Mediation & Arbitration

A Potential Trap for the Unwary Plaintiff’s Lawyer

All Georgia lawyers should be aware of the two dismissal rule that results in an adjudication on the merits. Under Georgia law, with some limitations, a plaintiff can voluntarily dismiss a lawsuit without prejudice and refile...more

Bricker Graydon LLP

Ohio Supreme Court closes loophole in the statute of repose for medical claims

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The Ohio Supreme Court recently held that Plaintiffs cannot rely on Ohio’s saving statute to re-file medical malpractice cases more than four years after the medical care that gave rise to those claims occurred. The statute...more

Hinshaw & Culbertson - Health Care

Trial Court Not "Without Discretion" When Plaintiff Fails to File Certificate of Merit:: Hinshaw's Annual Guide to Key Illinois...

Is a trial court "without discretion" to grant extension of time for obtaining certificate of merit when plaintiff fails to comply with 2-622? Terrance Owens v. Riverside Medical Center, et al., 2020 IL App (3d) 180391 - ...more

Morris James LLP

The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware

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Losing a loved one without warning can be heartbreaking. Losing someone in a tragic incident caused by another person or entity's negligence can be even more painful. Unfortunately, this happens all too often—both in Delaware...more

Bricker Graydon LLP

Ohio Supreme Court rules that the savings statute cannot save a late second filing

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The Ohio Supreme Court (Supreme Court) rejected an attempt to use Ohio’s savings statute to resurrect a medical malpractice claim that the Plaintiff had failed to timely serve on one of three Defendants. In Moore v. Mount...more

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?

For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more

Bricker Graydon LLP

H.B. 7 effective March 20

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New changes are coming to the medical negligence landscape. Specifically, H.B. 7, which was passed in late 2018, will become effective on March 20, 2019...more

Farrell Fritz, P.C.

Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff

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Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied?...more

Foley & Lardner LLP

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

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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

Ward and Smith, P.A.

Wrongful Death Claims in North Carolina

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Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

Harris Beach PLLC

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

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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

Vedder Price

Continuous Representation Revisited

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New York courts have frequently applied the continuous representation doctrine (“CRD”) to toll the three-year statute of limitations period for malpractice claims against accounting firms under CPLR § 214(6), which has...more

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