Most legal claims are subject to a statute of limitations. These limitations define the amount of time a person has to file a legal claim after the event has taken place. Once the time limit specified in the statute of limitations has passed, an individual may very possibly have their claim dismissed. However, some states have enacted what is known as a “discovery of harm” rule.
Most legal claims are subject to a statute of limitations. These limitations define the amount of time a person has to file a legal claim after the event has taken place. Once the time limit specified in the statute of limitations has passed, an individual may very possibly have their claim dismissed. However, some states have enacted what is known as a “discovery of harm” rule.
The discovery of harm rule
According to the law of the state of New York, a patient has two years and six months to file a lawsuit for medical malpractice. However, the effects caused by medical malpractice can take time to become noticeable. As such, it is very possible that the deadline for filing a lawsuit may have passed when the symptoms of medical malpractice show. It is because of issues like this that the discovery rule has the potential to be so important.
The discovery rule essentially states that the statute of limitations for filing a lawsuit does not begin until a person realized that an issue is present. For example, if a surgical instrument is left inside a patient during surgery, it is very possible that the patient will not be aware of the surgeon’s error until quite a while after the surgery. It is at the point at which the patient realizes an error was made that the statute of limitations begins. However, there are some limitations to the discovery of harm rule.
Limitations to the discovery of harm rule
The primary limitation to the discovery of harm rule is the acknowledgement of the injury. Most states state that the statue of limitations regarding a medical malpractice case begins at the point where a reasonable person should have discovered the injury. This can present a difficulty because what might constitute a “reasonable” time of discovery could vary drastically from individual to individual.
Because of this, there can be a subjective judgment call made by the court. This call may or may not be favorable for a patient. As such, it is generally advised that you seek appropriate medical attention as soon as a potential complication becomes known.
Because there can be long periods of time between the cause and the effects of medical malpractice, it is highly suggested that you seek out legal assistance as soon as you suspect that you have grounds for legal action. An experience and knowledgeable legal professional will be able to provide guidance as you move through the legal process.
