Ripe case, discovery rule, and medical malpractice

Asked almost 2 years ago - 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)

  1. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . 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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  2. Joseph Jonathan Brophy

    Contributor Level 20


    Lawyers agree

    Answered . 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.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  3. Guy Irvin Wade III

    Contributor Level 14


    Lawyer agrees

    Answered . 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.

    I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general... more

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