If a loved one has been injured or even killed by negligent health care, it’s tough to think about anything else. The pain and hardship this can put on an Allegheny family is unmatched. Most medical care is top notch; however, a percentage of patients do experience injury or even death. A recent medical malpractice case in which the statute of limitations was challenged was upheld by the Pennsylvania’s highest court.
The defendant in the case, in which a woman suffered terrible and unnecessary ulcers that resulted in her premature death, argued that the appellate court erred in its judgment. The appellate court found that the plaintiff was within the extended statute of limitations, which gives a family two years to file a medical malpractice suit after a loved one’s death. However, when this judgment was appealed, the PA supreme court upheld the appellate court’s original verdict.
Thus, the original judgment awarded to the family of the victim was upheld. The defense tried, in vain, to find a loophole in the judgment by alleging that the suit wasn’t brought within the statute of limitations. However, it was found that the suit was brought within the appropriate time constraints.
Statutes of limitations impact any malpractice suit brought in the state. There are different time constraints for injuries compared to deaths due to medical malpractice injuries. The date of injury or the day a person sees an onset of symptoms or a diagnosis day can all be significant to medical malpractice claims and the statute of limitations. This case went for several thousands of dollars.
Source: The Legal Intelligencer, “Supreme Court Upholds Extension of Statute of Limitations in Survival Actions,” P.J. Dannunzio, November 28, 2017