• Should a party’s financial situation be considered when assessing exercise of due diligence?
  • March 2, 2018
  • Nicolaou v. Martin, 2017 Pa. LEXIS 1920, *1, 2017 WL 3575183

    On August 18, 2017, the Pennsylvania Supreme Court granted the plaintiff leave to appeal to determine whether the trial court erred in granting the defendants’ motion for summary judgment and in holding that the medical malpractice action was time barred under Pennsylvania’s two-year statute of limitations and did not meet the Discovery Rule Exception when the plaintiff did not, and was financially unable to, confirm the defendants’ negligent misdiagnosis until final medical testing confirmed she had Lyme Disease.

    This decision could have implications in legal malpractice cases as well. The statute of limitations in a legal malpractice claim begins to run when the attorney breaches his or her duty and is tolled only when the client, despite the exercise of due diligence, cannot discover the injury or its cause.