Pennsylvania Supreme Court Declares Pennsylvania’s Seven Year Limit On Medical Malpractice Cases Unconstitutional
On October 31, 2019, the Pennsylvania Supreme Court handed down its opinion in Yanakos v. UPMC and declared Pennsylvania’s statute of repose unconstitutional. Before the Court, UPMC argued the statute of response complied with Article I, Section 11 of the Pennsylvania Constitution. The Court found UPMC proved the statute of repose was related to the important government’s interest of controlling the rising costs associated with medical insurance and medical care. However, UPMC failed to produce evidence of how the statute of repose actually achieved this government interest.