A patient has just discovered that a surgical error made 3 years ago was responsible for the loss of the patient's leg. How does the discovery rule relate to statutes of limitation in this case?

Question

1. It may shorten the length of the statute of limitation.
2. The time of the statute of limitation may start at the time of discovery.
3. It indicates that the injury occurred after the statutes of limitation expired.
4. There is no relation between discovery and statutes of limitation.

Answer 1

2
Rationale: Statutes of limitation are procedural law time frames during which a case must be filed or the injured party is barred from bringing the lawsuit. The discovery rule states that patients have 2 years from the time that they knew or should have known of the injury to file a personal injury lawsuit. The majority of states do not begin measuring time until the injured party has actually discovered the injury that will become the basis of the ensuing lawsuit, so the discovery rule may lengthen the time in which a suit can be filed.