Pa. Justices Agree to Eye Facebook Post's Impact on Discovery Rule
The Pennsylvania Supreme Court has agreed to take up the appeal of a woman who aims to sue her doctor over an alleged misdiagnosis of her Lyme disease as multiple sclerosis. The woman's case had been tossed out partly because of Facebook posts indicating she knew she suffered from the disease years before filing suit.
August 21, 2017 at 09:02 PM
9 minute read
The Pennsylvania Supreme Court has agreed to take up the appeal of a woman who aims to sue her doctor over an alleged misdiagnosis of her Lyme disease as multiple sclerosis. The woman's case had been tossed out partly because of Facebook posts indicating she knew she suffered from the disease years before filing suit.
The justices on Aug. 18 granted allocatur in Nicolaou v. Martin to address whether plaintiff Nancy Nicolaou's claims met an exception to the discovery rule since she “did not and was financially unable to, confirm [the defendant's] negligent misdiagnosis until final medical testing confirmed she had Lyme disease.”
Last year, a split Superior Court panel determined that Facebook posts made soon after her diagnosis indicating she suspected she had Lyme disease several years earlier undercut her argument that her case should have been allowed to proceed under an exception to the discovery rule. The nine-judge panel tossed the case in December, holding that Nicolaou failed to sue the doctor within the two-year statute of limitations.
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