Warren v. Folk

OPINION BY

BECK, J.:

¶ 1 In this medical malpractice action, appellant-plaintiff challenges the constitutionality of the requirement for a certificate of merit under Pennsylvania Rule of Civil Procedure 1042.3 when the alleged malpractice occurred prior to the effective date of the Rule. We affirm the judgment of non pros in favor of the appellee-defen-dants.

¶ 2 Appellant-plaintiffs decedent died of cancer on February 28, 2002. The decedent’s husband, appellant-plaintiff Warren, filed a twenty-one count medical malpractice suit in federal district court on September 17, 2003. Named defendants…