A writ of summons does not begin the 180-day period defendants have to notify the state medical malpractice insurance fund when requesting insurance coverage for “first-dollar” malpractice claims, a divided en banc Commonwealth Court panel ruled last week.

On a 5-2 vote, the Commonwealth Court decided that the 180-day period for defendants to notify the Medical Care Availability and Reduction of Error Fund does not start to run until the health care provider or their insurer has received notice beyond a bare writ of summons that the claim may be eligible for state insurance coverage.

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