Pennsylvania Supreme Court Ruling for Statute of Limitations in Medical Malpractice Case

The Pennsylvania Supreme Court in Wison v El-Daief, et. al. reversed the trial court Order granting summary judgment based on Statute of Limitations defense.  The Statute of Limitations in Pennsylvania for an adult is two years from the date of the alleged negligence.  An exception to the two year time frame is called the Discovery Rule that essentially provides that the two year statute of limitations period begins to run when an injured party discovers or through the exercise of reasonable diligence should have discovered an injury and its cause.  The Wilson Court reiterated the standard that it is a question for a jury to determine when an injured party discovered or should have discovered the injury and its cause.  If a patient suspects that they have been injured by a physician or other health care provider, they need to diligently pursue a diagnosis of their injury and its cause.  That investigation should include second opinions from physicians and talking to a medical malpractice lawyer.