Brucker v. Mercola

JUSTICE KILBRIDE,

specially concurring:

While I agree with the result reached in this case, I reject the majority’s application of the phrase “arising out of patient care” in the medical malpractice statute of repose. The majority’s application of the statute effectively applies a “but for” causation test and places too much emphasis on the statute’s “arising out of” language, with insufficient emphasis on the fundamental “patient care” component. The majority’s resultant finding that the negligent conduct in this case arose out of “patient care” leads to the erroneous conclusion that count III…