Bulebosh v. Flannery

OPINION BY

BOWES, J.:

In this medical malpractice action, Robert Flannery, D.P.M., appeals from the March 21, 2013 order denying his summary judgment request, which was premised on the statute of repose of the Medical Care Availability and Reduction of Error Act (“MCARE”), 40 P.S. § 1303.501. The collateral order doctrine provides the basis for our jurisdiction to entertain this interlocutory appeal. See Osborne v. Lewis, 59 A.3d 1109 (Pa.Super.2012).1 We conclude that the statute of repose does not apply to Mrs. Bulebosh’s cause of action, which arose prior to its effective date, and hence, we…