Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
7 Cards in this Set
- Front
- Back
|
If a med mal plaintiff voluntarily dismisses his case, can he refile?
|
Yes. He has the LATER of
1) Six Months, or 2) Expiration of the SOL to refile. |
|
|
HYPO:
1) 1/1/2001 - Injury 2) 1/1/2002 - P sues Dr. 3) 1/1/2003 (SOL runs) 4) 1/1/2004 - P Voluntarily Dismisses ... Can P refile? |
Yes.
He now has 6 months (until 6/1/2004) to refile. |
|
|
HYPO:
1) 1/1/2001 - Injury 2) 1/1/2002 - P sues Dr. 3) 2/1/2002 - P dismisses 4) 8/1/2002 [6 months expires] 5) 1/1/2003 [SOL expires] ... What is LAST day P can refile? |
P has the LATER of 6 months or SOL.
Thus, P can refile until 1/1/2003 |
|
|
If a P voluntarily dismisses his action, can he refile AFTER the Statute of Repose runs?
|
NO!
The "final" filing must occur BEFORE the Statute of Repose runs. Once it runs, you can not "relate back" !! |
|
|
HYPO:
1) 01/1/2001 - Injury 2) 01/1/2002 - P sues Dr. 3) 01/1/2003 (2 yr SOL runs) 4) 10/1/2005 - P Voluntarily Dismisses 5) 01/1/2006 - [5 yr SOR runs] 6) 04/1/2006 - [6 months expires] ... What is LAST day P can refile? |
5) 01/1/2006 - [5 yr SOR runs]
The 6 months after a V.D. can NOT help you AFTER a S.O.R. has run. |
|
|
How many times can a P Voluntarily Dismiss and Refile AFTER the SOL has expired?
|
Once.
|
|
|
Once the 1st witness is sworn, can a P voluntarily dismiss?
|
NO
(unless defendant consents) |
