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Justice Sallie Mundy said that, although the government's interest in controlling the rising costs of medical care and medical malpractice insurance is important, MCARE's statute of repose does not substantially relate to achieving those goals.
October 31, 2019 at 05:56 PM
1 minute read
Bureau Chief
A sharply divided Pennsylvania Supreme Court has ruled that MCARE‘s statute of repose violates the Pennsylvania Constitution’s guarantee of open access to the courts.
The justices ruled 4-3 Thursday in Yanakos v. UPMC, with the court’s majority striking down the seven-year limitation on bringing medical malpractice lawsuits as unconstitutional.
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