LaHav by LaHav v. Main Line OBGYNAssociates, P. C

In LaHav by LaHav v. Main Line OB/GYNAssociates, P. C., 556 Pa. 245, 727 A.2d 1104 (1999), our supreme court stated that the equitable theory of indemnification does not apply to plaintiffs; however, defendants may seek indemnity from the CAT Fund for delay damages imposed on them in an underlying medical malpractice action. Id. If a plaintiff seeks to recover delay damages from the CAT Fund, the plaintiff must have a statutory basis, rather than a common law basis, for doing so. Id.