The state Superior Court has ruled that doctors owe a third-party duty of care to their patients’ “future, unborn children.”
In the Pennsylvania courts’ latest foray into the largely uncharted territory known as “preconception torts,” an en banc Superior Court panel has unanimously ruled that the statute of limitations for filing a wrongful death/survival action on behalf of parents and their deceased newborn does not start running until the child’s injury or death actually occurs, even if the alleged cause dates back years.
