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Under PA law, the statute of limitations for medical malpractice, I am afraid, is 2 years from date of discovery of the alleged malpractice, which in this case would be June 2010. See: 42 Pa. Cons. Stat. § 5524(2).
Furthermore, in PA while a misdiagnosis is malpractice in many cases, in order to succeed on a malpractice claim, not only do you have to prove that there was this malpractice by failure to properly diagnose, but you have to prove that had she been diagnosed in 2009 when the biopsy was done that the result would have been different or that she suffered needlessly until June 2010 in pain from the condition that was misdiagnosed. If you cannot prove either of these, even though you can prove that the doctor failed to properly diagnose, you could not receive any actual damages.
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