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What circumstances would allow a statute of limitations to be overturned?

Escondido, CA |

If there are extreme extenuating circumstances and multiple hospitals and nursing homes involved as well as other issues can someone take steps to a higher court to over rule or overturn a statute of limitations regarding extreme negligence and wrongful death?

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Attorney answers 5

Posted

Courts can apply a continuing wrong theory to extend the SOL if there is fraud, or if there are other compelling reasons to show why the negligence was not detected.

Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases

Posted

You would need a very compelling reason to overturn a statute if limitations and even then it's extremely difficult.

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Posted

This is a complicated question that would require that you provide many more facts and details to answer. There are exceptions to the statute of limitations and there are conditions that toll the running of the statue of limitations. The one that most readily comes to mind in the nursing home setting is if the plaintiff lacked mental capacity. Get in touch with a qualified nursing home attorney in your state and discuss the particular facts of your situation.

Thomas W. Pleasant

Thomas W. Pleasant

Posted

Mental incompetency might be your best bet. The law varies in different states but in some states the limitations period is "tolled" during incompetency. The "tolling" might cease, though, if someone obtains authority to act for the victim, either through a power of attorney, or at the time an estate representative is appointed (in the event the victim dies).

Posted

In California, if you can show elder abuse by clear and convincing evidence, you have two years from the date of discovery. The date of discovery is when you knew or should have known of the alleged abuse.

Your biggest issue with bringing in a lot of different nursing homes and hospitals is that you will create a finger pointing game, wherein each defendant will point the finger at the other. Thus, it is best to pin down one or two defendants as opposed to multiple

Best of Luck.

Ian A. Scharg
Attorney-at-Law
555 Capitol Mall, Suite 770
Sacramento, CA 95814
(916) 444-8240
Toll Free: (877) 529-6305

Nursing Home Abuse. Elder Law. Class Actions. Fraud.

This is not legal advice and does not create an attorney-client relationship. You should consult an attorney if you have any questions regarding this matter.

Posted

A mental disability could toll the statute.

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