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When does the Statute of Limitations Run

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upset_mom

Junior Member
What is the name of your state? California

My initial post with all the facts is at https://forum.freeadvice.com/showthread.php?t=226049&highlight=scoliosis

My daughter is recovering from spinal fusion. My allegation is the surgery would not needed to have been nearly as extensive if her condition had been properly diagnosed.

My question is what is considered the starting point for the purposes of the Statute of Limitations? The statute language "one year from the date the plaintiff discovers or reasonably should have discovered the injury" seems to be quite vague. Is the "discovery of the injury"

- When she had her first appointment with the second doctor who told us that the first doctor's diagnosis was blatently incorrect

- When we were initially told that she needed surgery?

- When she actually had the surgery?
 


barry1817

Senior Member
stattue

upset_mom said:
What is the name of your state? California

My initial post with all the facts is at https://forum.freeadvice.com/showthread.php?t=226049&highlight=scoliosis

My daughter is recovering from spinal fusion. My allegation is the surgery would not needed to have been nearly as extensive if her condition had been properly diagnosed.

My question is what is considered the starting point for the purposes of the Statute of Limitations? The statute language "one year from the date the plaintiff discovers or reasonably should have discovered the injury" seems to be quite vague. Is the "discovery of the injury"

- When she had her first appointment with the second doctor who told us that the first doctor's diagnosis was blatently incorrect

- When we were initially told that she needed surgery?

- When she actually had the surgery?
You will need an attorney to discuss this with you, but in past cases, when the doctor told you that the first diagnosis was wrong would be a good point to start at.

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