Until the passage of the Medical Care Availability and Reduction of Error Act in March 2002, Pennsylvania, like most states, did not have a statute of repose related to medical negligence. However, in Section 513 of MCARE, the Pennsylvania Legislature enacted a seven-year statute of repose. A statute of repose is different from a statute of limitations—a statute of repose bars a lawsuit that is brought after a specified time since the defendant acted, even if this period ends before the plaintiff has suffered an injury.
Further, the discovery rule exception to the statute of limitations does not apply to a statute of repose. Where a statute of limitations bars a party’s right to a remedy, a statute of repose abolishes a party’s cause of action after the passage of a certain amount of time from a specific point in time. Additionally, under Pennsylvania law, a statute of repose, while an affirmative defense, is not waived if not pleaded in a new matter. Moreover, it may be raised for the first time even as late as a judgment notwithstanding a verdict.
Section 513 of MCARE
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