The state Supreme Court has agreed to hear arguments on whether, in light of the certificate of merit requirement, the statute of limitations in a medical malpractice case where there are multiple potential causes of an injury should toll upon confirmation of the specific cause of the injury or simply upon discovery that the injury was the result of someone else’s conduct.
In a one-page order issued Sept. 4, the justices said they will examine whether the Superior Court properly applied the high court’s 2009 ruling in Wilson v. El-Daief when it held that, under the discovery rule, the statute of limitations in such cases tolls upon discovery of an injury that was caused by another’s conduct, even if it’s unclear at that point exactly who’s to blame.
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