The Medical Care Availability and Reduction of Error (or “MCARE”) Act Statute of Repose is a topic that has been previously discussed in this space. Statutes of Repose are similar to statutes of limitations. They provide a date or time frame by which a lawsuit must be filed. However, they are stricter than statutes of limitations. Once a statute of repose has expired, the legal cause of action actually ceases to exist. The MCARE Statue of Repose, which applies to medical malpractice cases, provides:

1. Unless the claim relates to leaving a foreign object inside an individual’s body, no claim for medical malpractice may be filed after 7 years from the date of the alleged negligence.

2. No claim for medical malpractice on behalf of a minor may be filed after 7 years from the date of the alleged negligence or after the minor reaches 20 years of age, whichever is later.

3. A claim for wrongful death or survival (claims brought on behalf of a deceased person) must be filed within two years of the deceased person’s death unless the cause of death was fraudulently concealed.

Recently, the Pennsylvania Superior Court clarified that the MCARE Statute of Repose does not act to bar a plaintiff’s medical malpractice claim where the claim arose prior to the statute’s 2002 effective date.

If you believe that you or a loved one has been the victim of medical malpractice, contact the medical malpractice attorney at Stark & Stark for a free consultation.
 

<span
lang=EN-CA style=' Statutes of Repose are similar to statutes of
limitations.  They provide a date or time
frame by which a lawsuit must be filed. 
However, they are stricter than statutes of limitations.  Once a statute of repose has expired, the
legal cause of action actually ceases to exist. 
The MCARE Statue of Repose, which applies to medical malpractice cases,
provides:

            1.         Unless
the claim relates to leaving a foreign object inside an individual’s body, no
claim for medical malpractice may be filed after 7 years from the date of the
alleged negligence.

            2.         No
claim for medical malpractice on behalf of a minor may be filed after 7 years
from the date of the alleged negligence or after the minor reaches 20 years of
age, whichever is later.

3.         A claim for wrongful death or survival
(claims brought on behalf of a deceased person) must be filed within two years
of the deceased person’s death unless the cause of death was fraudulently
concealed.

Recently, the Pennsylvania Superior Court clarified that the
MCARE Statute of Repose does not act to bar a plaintiff’s medical malpractice
claim where the claim arose prior to the statute’s 2002 effective date. 

If you believe that you or a loved one has been the victim
of medical malpractice, contact the medical malpractice attorney at Stark &
Stark for a free consultation.

–>

<span
lang=EN-CA style=' Statutes of Repose are similar to statutes of
limitations.  They provide a date or time
frame by which a lawsuit must be filed. 
However, they are stricter than statutes of limitations.  Once a statute of repose has expired, the
legal cause of action actually ceases to exist. 
The MCARE Statue of Repose, which applies to medical malpractice cases,
provides:

            1.         Unless
the claim relates to leaving a foreign object inside an individual’s body, no
claim for medical malpractice may be filed after 7 years from the date of the
alleged negligence.

            2.         No
claim for medical malpractice on behalf of a minor may be filed after 7 years
from the date of the alleged negligence or after the minor reaches 20 years of
age, whichever is later.

3.         A claim for wrongful death or survival
(claims brought on behalf of a deceased person) must be filed within two years
of the deceased person’s death unless the cause of death was fraudulently
concealed.

Recently, the Pennsylvania Superior Court clarified that the
MCARE Statute of Repose does not act to bar a plaintiff’s medical malpractice
claim where the claim arose prior to the statute’s 2002 effective date. 

If you believe that you or a loved one has been the victim
of medical malpractice, contact the medical malpractice attorney at Stark &
Stark for a free consultation.

–>