Fine-tuning its 2013 decision in Osborne v. Lewis, the Pennsylvania Superior Court has ruled that a medical malpractice action is only barred by the Medical Care Availability and Reduction of Error Act statute of repose provision when an injury is first manifested after the provision’s 2002 effective date and the alleged negligence occurred more than seven years earlier.
Suits where the injury was first ascertained prior to 2002 but the alleged negligence that caused the injury was discovered after 2002 are not barred, however, the court ruled.
