Malpractice traps include statutes of limitation and repose, notice of appeal deadlines, statutory pre-suit notice requirements, certificate of merit filings, and claims against governmental entities requiring notice within short periods.
They share the characteristic that no relief is available once missed.
Alternative Names:
Deadline Trap, Procedural Trap
Why it Matters?
What distinguishes these from ordinary deadlines is the absence of a cure, since good cause, excusable neglect, and relief from judgment are unavailable for jurisdictional and statutory prerequisites. Governmental tort claim notices are the trap most often missed because the periods are short, frequently a few months, and the requirement is easy to overlook when the defendant is a public entity that is not obviously governmental.
Frequently Confused with
Related terms
Frequently asked questions
What makes a deadline a malpractice trap?
Which trap is most often missed?
