Equitable Tolling

  • Read more: The Ill-Designed “Continuous Treatment” Rule for the Health Law of Massachusetts

    The Ill-Designed “Continuous Treatment” Rule for the Health Law of Massachusetts

    By Alex Stein Under Massachusetts law, suits alleging medical malpractice in a treatment of a minor patient must be filed “within three years from the date the cause of action accrues.” G.L.c. 231, § 60D. In a recent case, Parr v. Rosenthal, 57 N.E.3d 947 (Mass. 2016), the Supreme Judicial Court of Massachusetts decided that a…

  • Read more: Malpractice, Apologies and the Statute of Limitations in Federally Qualified Health Centers

    Malpractice, Apologies and the Statute of Limitations in Federally Qualified Health Centers

    By Alex Stein Two months ago, the Seventh Circuit has delivered another important decision with regard to medical malpractice actions filed against federally qualified health centers. Blanche v. United States, 811 F.3d 953 (7th Cir. 2016). See also Arteaga v. United States, 711 F.3d 828 (7th Cir. 2013), and Sanchez v. United States, 740 F.3d 47…

  • Read more: Medical Malpractice in Reproductive-Choice Procedures

    Medical Malpractice in Reproductive-Choice Procedures

    By Alex Stein Malpractice suits filed in connection with reproductive-choice procedures often present unique problems. The suit filed by Jami Conner against her former gynecologist, Dr. Bryan Hodges, is a case in point. The plaintiff, a mother of two children, decided that she did not want to have more children. To avoid future pregnancy, she asked…

  • Read more: Sebelius v. Auburn Regional Medical Center: Hospitals Allege Medicare Intentionally Underpaid Providers–And Got Away With It

    Sebelius v. Auburn Regional Medical Center: Hospitals Allege Medicare Intentionally Underpaid Providers–And Got Away With It

    By Katie Booth In the Supreme Court’s recent decision in Auburn Regional Medical Center, the Court held that a suit against HHS by eighteen hospitals alleging intentional underpayment of Medicare reimbursements was barred by a 180-day internal agency deadline for appeals of reimbursement decisions. The rub is that the hospitals only found out about the…