The Time of Discovery Rule In Delaware
In my last article, I discussed the 2-year statute of limitations that applies to medical malpractice cases. I also explained that you can have an additional 90 days beyond the statute under a Notice of Intent to Investigate rule. There are always exceptions to a rule, and the statute of limitations is no exception. As will be shown below, there are certain circumstances where you can have up to 3 years within which to sue for medical malpractice.
Known as the “time of discovery rule,” it applies when the occurrence of the injury is unknown and could not have been discovered by the injured person during the 2 years after the injury. The standard is not whether the injured plaintiff actually discovered that he had been injured. Instead, the court looks to whether a reasonable person should have known that a possible claim for medical malpractice existed.
Applying the time of discovery rule can be extremely tricky. If you or a loved one is injured or killed as a result of medical malpractice, contact the law offices of Charles Snyderman and find out all about your rights and remedies.
