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Home / Opinion Digests / Civil Procedure – Nonsuit – Med-Mal Suit – New Claims (access required)

Civil Procedure – Nonsuit – Med-Mal Suit – New Claims (access required)

A med-mal plaintiff can include in her refiled suit, her time-barred claims of failure to perform an alternative procedure and lack of informed consent, as the new claims arise out of the same transaction or occurrence and are saved by the six-month tolling provision, says an Alexandria U.S. District Court. Plaintiff’s initial suit filed in state ...