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7 Cards in this Set

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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)