Medical malpractice claim dismissed because Estate sued too early and then too late
This week the Court of Appeals dismissed a wrongful death claim brought by the family of Gregg Dallaire against Treatment Works, Inc. The Estate's attorneys originally filed the family's lawsuit just weeks before the two-year statute of limitations would run. Unfortunately, they had not allowed the 180-day "waiting period" to elapse between serving a Notice of Intent to Sue and filing their complaint, and the case was dismissed. The case was then re-filed after the waiting period had run, however, the Court ruled that it was filed too late. The merits of the family's claim will never be heard.