TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, November 4, 2019

PA: Med Mal Statute of Repose Is Unconstitutional

In a 4-3 ruling, the Supreme Court of Pennsylvania held that a 7-year statute of repose for medical malpractice, passed as part of a 2002 law designed to ease an alleged health care crisis, was unconstitutional.  The majority found the statute of repose violated the right of access to the courts and had no substantial relationship to the legislative goal of controlling malpractice insurance costs and premiums.  Courts in at least 6 other states--Alabama, Indiana, Kentucky, New Hampshire, Rhode Island, and Utah--have also held med mal statutes of repose to be unconstitutional.  Modern Healthcare has the story.

https://lawprofessors.typepad.com/tortsprof/2019/11/pa-med-mal-statute-of-repose-is-unconstitutional.html

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