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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