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§ 1303.513. Statute of repose

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: March 20, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 5. Medical Professional Liability
Effective: March 20, 2002
40 P.S. § 1303.513
§ 1303.513. Statute of repose
(a) General rule.--Except as provided in subsection (b) or (c), no cause of action asserting a medical professional liability claim may be commenced after seven years from the date of the alleged tort or breach of contract.
(b) Injuries caused by foreign object.--If the injury is or was caused by a foreign object unintentionally left in the individual's body, the limitation in subsection (a) shall not apply.
(c) Injuries of minors.--No cause of action asserting a medical professional liability claim may be commenced by or on behalf of a minor after seven years from the date of the alleged tort or breach of contract or after the minor attains the age of 20 years, whichever is later.
(d) Death or survival actions.--If the claim is brought under 42 Pa.C.S. § 8301 (relating to death action) or 8302 (relating to survival action), the action must be commenced within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment of the cause of death.
(e) Applicability.--No cause of action barred prior to the effective date of this section shall be revived by reason of the enactment of this section.
(f) Definition.--For purposes of this section, a “minor” is an individual who has not yet attained the age of 18 years.

Credits

2002, March 20, P.L. 154, No. 13, § 513, imd. effective.
40 P.S. § 1303.513, PA ST 40 P.S. § 1303.513
Current through 2017 Regular Session Act 32
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