A patient says, "I was told my back pain is the result care I received when I was in the hospital a year ago. How long do I have to file a lawsuit?" Which statements made by the nurse are appropriate?
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
Select all that apply.
1. "A general rule is 2 years from the time you knew what caused your injury."
2. "State laws differ on the statute of limitation for personal injury."
3. "It is too late if you knew you had back pain right after the fall."
4. "You should move to Washington because their statute of limitation is longer."
5. "In some cases it depends if the injury was due to trauma or disease."
1,2,5
Rationale: The "discovery rule" is a general guideline stating that patients have 2 years from the time that they knew or should have known of the injury to file a personal injury lawsuit. This is a fact that the nurse would be justified in providing to a patient.
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