The Pennsylvania Supreme Court has declined to reconsider a case that last year resulted in the court striking down MCARE’s statute of repose, and at least one justice is not happy about that decision.

Late last month, the Supreme Court denied nonprofit health care provider UPMC’s request to have the court reconsider its October ruling in Yanakos v. UPMC, a highly anticipated decision that resulted in a sharply divided court striking down the seven-year limitation on bringing medical malpractice lawsuits. The decision not to rehear the case leaves in place the court’s determination that the Medical Care Availability and Reduction of Error (MCARE) Act’s statute of repose violated the Pennsylvania Constitution’s guarantee of open access to the courts.

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