Exemption fr statute of limitations because of delayed ability to file case

[AllyssaMarshall]

What is the name of your state (only U.S. law)? Texas

I was misdiagnosed with disorder and given the wrong treatment, which caused health problems. As a result, I was unable to file case until after the statue of limitations had expired. Is there an exemption to the statute of limitations in this type of situation? Thank you for the answers!

 

[You Are Guilty]

What is the name of your state (only U.S. law)? Texas

I was misdiagnosed with disorder and given the wrong treatment, which caused health problems. As a result, I was unable to file case until after the statue of limitations had expired. Is there an exemption to the statute of limitations in this type of situation? Thank you for the answers!

"It depends".

How did the "health problems" cause you to be "unable to file the case"? Were you in a coma?

 

[Willlyjo]

What is the name of your state (only U.S. law)? Texas

I was misdiagnosed with disorder and given the wrong treatment, which caused health problems. As a result, I was unable to file case until after the statue of limitations had expired. Is there an exemption to the statute of limitations in this type of situation? Thank you for the answers!

Usually, in many situations, a statute of limitations begins to toll upon discovery. In your case, it looks like you didn't realize the misdiagnosis and wrongful treatment until much later than such treatment began. Therefore, the statute should begin tolling upon your discovery.

Also, I'm not so sure a misdiagnosis could be considered malpractice since many ailments can mimic one another. However, in answer to your question, I believe you can file a case upon the discovery of your issues because Texas like California has what is called the Discovery Rule. You may want to google "Discovery Rule in Texas" to become a bit more familiar with it. Good luck with your case.

 

[tranquility]

Usually, in many situations, a statute of limitations begins to toll upon discovery. In your case, it looks like you didn't realize the misdiagnosis and wrongful treatment until much later than such treatment began. Therefore, the statute should begin tolling upon your discovery.

Also, I'm not so sure a misdiagnosis could be considered malpractice since many ailments can mimic one another. However, in answer to your question, I believe you can file a case upon the discovery of your issues because Texas like California has what is called the Discovery Rule. You may want to google "Discovery Rule in Texas" to become a bit more familiar with it. Good luck with your case.

The rule is not "discovery", but known or should have known. Also, toll means hold the running of the statute. The SOL will begin running when the injury is known or should be known. In this case, I think the person actually knew of the injury but may not have known of the source. That would not toll the statute.