Timing Is Everything

This past week I delved into malpractice case law. There was one case that really stuck out to me in particular because it answered a question I had last week. During last week's research, I wondered when the statute of limitations to bring a malpractice suit began. Is it when the doctor or hospital commits an act of malpractice, when the injuries begin, or when the patient realizes they are a victim of malpractice?

In the case United States vs. Kubrick, this question was answered. The plaintiff, Kubrick, filed for medical malpractice against the Veterans Administration Hospital claiming that he suffered from bilateral nerve damage due to negligent treatment after a surgery. The defendant, the hospital, claimed that the statute of limitations began when he discovered his hearing loss and he did not file a claim within two years of then. Therefore, his claim was invalid. However, the District Court and Court of Appeals for the Third Circuit originally disagreed with that defense and ruled that the statute of limitations starts when a plaintiff suspects or knows there was a breach of duty. Though, ultimately, the Supreme Court ruled that the statute of limitations started when Kubrick became aware of his hearing loss, not when he was diagnosed.

In all, this week I learned that a patient must file a claim within 1-3 years (depending on the state) from the date they discover the malpractice occurred, or for Kubrick, when he noticed his loss of hearing.