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Ripe case, discovery rule, and medical malpractice

West Bend, WI |

If a medical malpractice statute includes a discovery rule and the act/omission by the doctor remains undiscovered for 10-11 years and there was no way to find out sooner, will the court still accept the claim?

Attorney Answers 3


Theoretically, yes. It depends too what state this was, as many states don't allow actions beyond a certain number of years. Check with a med mal lawyer in your state.

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If Wisconsin allows lawsuits to be brought 10 to 11 years after the fact when the discovery rule applies, then the answer is yes, assuming that the doctor's bad act could not have been discovered by a reasonable person prior to that time.

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10-11 years after the fact seems over ripe, even if you can get around the statute of limitations. I am not being a wise guy. Rule of thumb, the older the case, the harder it is to win.

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So discovery 10-11 years after the fact of medical malpractice seems over ripe, but discovery 10-11 years after, say murder, is still ripe? That's logical.

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