When my implants in my lower jaw became infected the oral surgeon confirmed that they needed to be removed due to improper placement/missed diagnosis (not enough bone density) Finding an attorney before the statute expired was not an easy task but I managed. Goal was to find another person (dentist) to confirm that I had received "sub-standard" care. The one my attorney chose did not give a very thorough evaluation> The next decision was to involve state boards who ruled in my favor. I have other documentation to prove this. Meanwhile my attorney dismissed himself from my case "too heavy of a work load" He did advise me about the statute of limitions. Question: did the date in which the investigation was completed , reset the clock
The law simply states that for the discovery rule to apply the statute will start to run when the plaintiff "knew or should have known" that the defendant's negligence caused the injury. So it would be the first instance giving knowledge. There is no law distinguishing HOW the knowledge was given, but rather the standard is when the injured "knew or should have known".
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
In most states, the basic statute of limitations rule says that the deadline begins to run from the date of the negligent act. If it was a bad surgery, the SOL runs from that date. In most states, the discovery rule is a loophole to extend the SOL in cases where the plaintiff could not have reasonably knew that had yet been malpracticed. Being able to use the loophole is very regulated.
Of course, there are other complexities in malpractice cases that affect the application of the SOL. Example: PCP fails to diagnose lung cancer despite 16 months of patient exams wherein classic signs & symptoms exist; frustrated at not getting better, the patient then sees a specialist on their own & a chest X-ray shows the cancer immediately. How is the SOL calculated? Here, many states will apply a "continuous treatment rule" and run the SOL from the last date of treatment where the diagnosis should have been made.
Your question will absolutely require an answer from an experienced Colorado attorney. Each state applies their SOL a little differently. I am no a CO attorney so I can't give truly competent advice. Good luck.
No. The date in which the investigation was completed did not reset the clock. The statute still runs from the date in which you first learned by the oral surgeon that they needed to be removed because of improper placement/missed diagnosis. You need to hire a new attorney
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
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