Posted by: admin in General on June 17th, 2010
The discovery rule can sometimes lengthen the statute of limitations or the time you have to file a claim. In effect in most states (see below) the discovery rule primarily comes into play in medical malpractice cases, but some lawyers argue it should be broadened (and it’s hard to argue with them).
To give an example, let’s say you have pins inserted to support your broken Scaphoid (wrist) bone. The doctor as planned leaves them in for a year and removes them, but further wrist problems develop later. With the discovery rule in effect, the claim clock may not have started running until a second unexpected wrist injury occurs.
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