Law & Medicine

Statute of limitations in malpractice actions


 

Question: Regarding the statute of limitations, which of the following is incorrect?

A. The statute stipulates the time period from knowledge of injury to when a lawsuit must be filed, beyond which it will be forever barred.

B. This time period is usually 2 years but varies somewhat from jurisdiction to jurisdiction.

C. It starts to “run” when the cause of action accrues, i.e., when the claimant knew or should have known of the injury, not when the negligent act took place.

D. In the case of minors, disability, and concealment, the statute may be tolled, thereby giving the plaintiff more time to file his/her claim.

E. In some U.S. jurisdictions, the judge may exercise discretion and waive the statutory time period.

Pages

Recommended Reading

Proportion of women speaking at medical conferences rises over decade
MDedge Psychiatry
Cost gap widens between brand-name, generic drugs
MDedge Psychiatry
Challenges in outpatient psychiatry: When patients don’t pay
MDedge Psychiatry
How to incorporate the gender wage gap into contract negotiations
MDedge Psychiatry
Malpractice: Diagnostic errors top allegation involving children
MDedge Psychiatry
CMS plan will incentivize generic drug use
MDedge Psychiatry
Make your evaluations and progress notes sing
MDedge Psychiatry
Courts temporarily block Title X changes
MDedge Psychiatry
Depression treatment rates rose with expanded insurance coverage
MDedge Psychiatry
Pretrial screening panels: Do they reduce frivolous claims?
MDedge Psychiatry