Hoffman Ex Rel. Estate of Hoffman v. Powell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a claim not raised before the trial court will not be considered for the first time on appeal
• holding that the statute of repose “constitutes an outer limit beyond which a medical malpractice claim is barred, regardless of whether it has or should have been discovered.”
• holding issues, including constitutional challenges, must be both raised to and ruled upon by the trial court to be preserved for appellate review
• noting other states enacted statutes of repose to curtail the “long tail” exposure to malpractice claims brought about by the discovery rule
• stating a constitutional claim must be raised and ruled on to be preserved for appellate review
• appellants waived issue of whether the statute violated their right to a jury trial because they failed to raise it to the trial court

Source: CourtListener parenthetical corpus (CC0).