September 17, 2021

Kerr Russell Obtains Dismissal of Medical Malpractice Complaint Not Timely Filed

The plaintiff sought to extend the time available for filing the malpractice complaint by leveraging the COVID-19 tolling period of 102 days. The court held that the plaintiff could not add this period to the 182-day notice tolling period that followed the filing of the notice of intent, where the notice had been submitted before the start of the COVID-19 tolling period. In effect, the court did not allow the plaintiff to “stack” the two tolling periods which would have given the plaintiff over 270 days to file the complaint after the Notice of Intent had been submitted. Where there was overlap between the two tolling periods, the court held that the filing of the complaint was not timely filed and dismissed the action.

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