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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
December 4, 2016

Statute of Limitation and Statute of Repose Expired? Not So Fast! A Medical Malpractice Claim May RELATE Back!

In a matter of first impression, the Illinois Appellate Court in Lawler v. University of Chicago Medical Center had to determine whether Illinois’ medical malpractice statute of repose bars applying the “relation back” doctrine to add a new claim under the Illinois Wrongful Death Act. The relation back doctrine allows an original, timely filed pleading to be amended any time before final judgment, as long as the amendment “relates back” to the original complaint. In Lawler, the appellate court decided to apply the doctrine—but now the Supreme Court of Illinois has decided it’s time for a weigh-in.

Professional Liability Blog
July 20, 2015

Wyoming Court Sides with Minors in Striking Limitations on Medical Malpractice Claims

In 1976, the Wyoming legislature enacted two statutes that effectively required all persons, including minors, to bring a medical malpractice claim within two years of treatment. The statute of limitations governing medical malpractice claims by minors required suit to be brought by the minor’s eighth birthday or within two years of the alleged act, error, or omission, whichever occurs later. Wyo. Stat. Ann. § 1-3-107. Though the applicable tolling statute would otherwise allow a minor to bring suit within three years after reaching the age of majority, there was a specific carve-out for actions involving the rendition of healthcare services. Wyo. Stat. Ann. § 1-3-114¹.