Court Applies Two-Year Statute of Limitations to Malpractice Claim Premised Upon §1983

By Goldberg Segalla

May 23, 2012

MASSEY v. FAIR ACRES GERIATRIC CENTER (E.D. Pa. March 23, 2012)

The plaintiff was admitted to the defendant’s facility for long term care on January 16, 2003. She was wheelchair bound and required assistance with activities of daily living. Moreover, the plaintiff had a written care plan for eating soft foods. On June 24, 2007 she was found unconscious and it was later discovered she had been choking on white bread and lunchmeat. She died at the hospital due to the obstruction of her airway with food on July 17, 2007. Her family brought forth a medical malpractice claim under Pennsylvania’s Wrongful Death Act, 42 P.C.S.A. §8301 and corresponding §1983 action, alleging a deprivation of federal rights. Moreover, a survival action was brought under 42 Pa. C.S.A. §8302.

The defendant filed a motion for summary judgment action and argued that the above-referenced claims were barred by the statute of limitations. The complaint was not filed until July 16, 2009.

The plaintiff argued the survival action was timely under the Medical Care and Reduction of Error Act, 40 P.S. §1303, which states professional liability claims must be brought within two years after the date of death. The court agreed and denied the motion to dismiss the survival action.

With regard to the §1983 action, the court noted the pertinent statute is silent as to the statute of limitations. However, the United States Supreme Court in Wilson v. Garcia, 471 U.S. 261 (1985) held §1983 claims should be treated as tort claims for the recovery of personal injuries. Thus, the plaintiff’s §1983 action in this matter was dismissed because it was brought two years after the choking incident. The same analysis applied to the wrongful death claim.

Impact: In medical malpractice cases, a claim under the survival action must be brought within two years after the decedent dies. However, a §1983 or wrongful death action must be brought within two years of the incident that caused the alleged injury.