Medical malpractice statutes of limitation: a review of the law and its application.
A medical malpractice statute of limitation fixes the period within which a lawsuit must be filed. In recent year exceptions have been made to these proscribed limitations. States now allow a patient to file suit when he or she discovers the injury even if this occurs after the statutory time period. Similarly, many courts have held that this period does not even begin until treatment is terminated or the physician-patient relationship ends. Likewise, a patient will not be barred from bringing suit if there is evidence of deceit or fraud by the health care provider. Finally, some states are attempting to revise the traditional rule that the limitations period does not begin to run with respect to a minor until he or she reaches the age of majority regardless of when the injury occurred.
D003625:Data Collection; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010817:Physician-Patient Relations; D013995:Time; D013997:Time Factors; D014481:United States