Brenton D. Bisher and Carla S. Bisher v. Lehigh Valley Health Network, Inc., et al.

Summary

The Pennsylvania Supreme Court granted allocatur in this medical malpractice action to review three Superior Court rulings. The first issue is whether the Superior Court properly quashed the estate's appeal for lack of jurisdiction after the trial court permitted a non-attorney to represent the estate until the statute of limitations expired. The second issue concerns the Superior Court's sua sponte finding that it lacked jurisdiction over the pro se individual appellants based on an improper verification. The third issue is whether the Certificates of Merit were deficient under Pa.R.C.P. 1042.3 and the MCARE Act.

Questions Presented

1. (1) Did the Superior Court err in quashing Petitioners’ appeal based upon the Superior Court’s finding that it lacked jurisdiction to hear the appeal as it relates to the Estate of Cory Allen Bisher because the Estate’s Complaint was void ab initio, where the trial court permitted a non-attorney to represent the Estate until the statute of limitations had expired?
2. (2) Did the Superior Court err in quashing Petitioners’ appeal based upon the Superior Court’s holding that it lacked jurisdiction to hear the appeal as it relates to pro se litigants Carla Bisher and Brenton Bisher because of an improper verification, an issue raised sua sponte by the Superior Court?
3. (3) Did the Superior Court err in ruling that the Certificates of Merit at issue in the instant case were deficient where the Certificates of Merit met the legal requirements of Pa.R.C.P. 1042.3 and the MCARE Act?

Disposition

writ_granted