A client has a very rare condition, an impairment, that doctors have ineffectively treated (without a known cause) for a 3-5 years and has worsened beyond previous medical intervention. Seeking other treatment for persistent pain with new specialists, the doctors finally diagnose the cause of the rare condition and the worsening of the condition. The rare condition falls into three medical specialties, thus beyond prior specialists area of medical knowledge. Would the “Discovery Rule” apply in this instance?
Client was involved in two auto accidents. The first was 1.5 years prior to the rare condition and the other during treatment of the rare condition and getting worse. Client sought treatment for pain since but no relation was made until now that condition has worsened.
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