would "discovery rule", statute of limitations, apply, say you injured yourself in 2008, was misdiagnosed at that time, but recently had MRI taken, (the only MRI since 2008) because still suffering pain, swelling, etc., from that injury, new results show it was a fracture, not old sprain, plus more severe injurys because of no treatment ? The clock doesn't start running until the injured person should reasonably have figured out they were injured. All these years being told I was healed, capable doing my job, old sprain... NO, IT WAS A FRACTURED CALCANEAL BONE, that's now an old healed calcaneus fracture, that for some reason, only God knows why, didn't heal correctly, causing more severe damages in my foot. I just figured out I was seriously injured, most likely because had no insurance, never offered any kind of treatment , broken heel bone, ER xrays are missing 2/half months later, when 3rd dr. requests them??? Follow-up dr., 2nd dr., never showed me any of my xrays taken at hospital , doesn't send me for xrays, so pretty positive he saw them too, him and ER dr., then they disappear. the
REASONABLE discovery keys in on the word reasonable... so, for example, the question of whether someone who has had a hurting heel for eight years should have seen a physician more than one time eight years ago would be a question asked... some jurors might see walking around on a painful heel for eight years and not seeking medical attention as unreasonable... this is not a case my firm would accept, but as I always say, there's a lawyer out there for every case... so, this poster should contact several lawyers to see if he or she can find one.
* Dr. Paul J. Molinaro, M.D., J.D. (Attorney and Physician) ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. *** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.
1. Assuming that you were injured in the State of California, in which city and county were you injured in?
2. On what date in 2008 were you injured in?
3. Can you please describe how your injury occurred?
4. As a result of the injury in 2008, what injury or injuries did you suffer?
5. As a result of the injury or injuries that you sustained in 2008, which health care practitioner or health care practitioners did you visit to address your injury or injuries?
6. What was the diagnosis or diagnoses back in 2008?
7. On what date were you informed that you had a fractured calceneal bone? Which health care practitioner informed you that you had a fractured calceneal bone?
While the discovery rule does allow plaintiffs on occasion to skirt the statute of limitations for such claims, I have to agree with my esteemed attorney colleague, Dr. Molinaro, that 9 years of suffering with a painful heel and not discovering the problem sooner will be problematic for a jury. But to be sure consult local, qualified counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
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