Wednesday, August 23, 2017

Pennsylvania Supreme Court to Address Impact of Facebook Posts on Discovery Rule Related to Statute of Limitations


In the case of Nicolaou v. Martin, No. 58 MAL 2017 (Pa. Aug. 18, 2017), the Pennsylvania Supreme Court has issued an Order agreeing to hear the appeal of a woman whose case against medical providers over an alleged misdiagnosis of her Lyme disease was dismissed partly because of Facebook posts indicated that she knew that she suffered from the disease years before filing the suit.  
 
The court has agreed to more specifically address the issue of whether the Plaintiff’s claims met an exception to the discovery rule related to the statute of limitations where the Plaintiff “did not and was financially unable to, confirm [the Defendant’s] negligent misdiagnosis until final medical testing confirmed she had Lyme disease.”  
 
Here is a LINK to the Pennsylvania Supreme Court's Order.
 
A split Pennsylvania Superior Court panel previously ruled that the Plaintiff’s claims were barred by the two (2) year statute of limitations.  

 

Source:  Article: “Pa. Justices Agree to Eye Facebook Post’s Impact on Discovery Rule By Max Mitchell of The Legal Intelligencer (Aug. 21, 2017).  

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