Legal Question in Medical Malpractice in Pennsylvania

Re: lupus delayed treatment /informed consent

Most malpractice attorneys will provide free initial phone consultation - with the thought that they may take the case on a Contingent Fee basis - no fee unless they win. For this reason, I urge every person who believes he may have a medical malpractice case to pick up the phone and contact a medical malpractice attorney as soon as possible.

In answer to your question, I give my opinion only as to why I, personally, would not take this case. Another attorney may feel differently so I urge you to inquire further if you believe have a case.

Pennsylvania law restricts you to suing within two years of the event. In limited cases, that time may be extended by the discovery rule, under which the time doesn’t start running until, a reasonable person would realize that they had been injured. Under the facts you’ve stated, your father discovered his injury no later than April 2002, when he was found to have kidney failure. The time that he “discovered” the ANA would not extend the statute of limitations, unless somebody actually concealed the result. Another attorney may have a different opinion, so I encourage you to ask NOW.

Regarding the positive ANA, this is of uncertain significance, as it frequently occurs in the absence of lupus. Further, lupus does not necessarily mean lupus nephritis, nor does it mean that the kidney lesion would be treated differently than it was treated, as other nephritides may be treated with an anti-inflammatory drugs.

With regard to your claim, if any, you raise an interesting question for which I do not have a good answer. Simply arguing “foreseeability” (“Palsgraff” encompasses the legal question), you might argue that you are a “foreseeable” plaintiff. However, in my opinion, your case suffers from statute of limitations problem, as well as a standard characterization problem.

Another attorney may feel differently so I encourage you to begin calling attorneys tomorrow if you believe you do have a case.