Lawsuits

  1. Why is it that I always read or hear that one can be called in to court for a lawsuit because of negligence/malpractice,etc that has happened like 2 or 3 years ago? Why that long?

    Is it because this negligence/malpractice, etc that happened 2 or 3 years ago went unnoticed and was just recently discovered (example:from records) and the "offended party" decided to file a complaint/sue after the recent discovery?

    Or....

    Was the complaint/lawsuit filed right away, but it takes years for it get "processed". So the subpoena doesnt come until years later.


    I havent been in this country too long, and im still ignorant in this aspects.

    Thanks for any information
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  2. 5 Comments

  3. by   BabyRN2Be
    Quote from game over
    Or....

    Was the complaint/lawsuit filed right away, but it takes years for it get "processed". So the subpoena doesnt come until years later.


    I havent been in this country too long, and im still ignorant in this aspects.

    Thanks for any information
    I think that you are looking at situation number 2. Sometimes it takes a LONG time to get something actually into court. 2-3 years is not all that uncommon in most cases.
  4. by   elkpark
    Actually, option A is also correct -- it often takes years for a problem (related to previous treatment) to be identified as related to the previous treatment, or to become serious enough for someone to decide to sue, or they just agonize over it for a long time before deciding to sue, or they weren't going to sue, but someone they met several years later convinced them that it would be a good idea ...

    A lawsuit can arise many years after the actual episode of treatment; I'm not sure offhand of the exact length of the statute of limitations on malpractice, but my Dad is a retired physician and he has said to me many times, "Never write anything in a chart that you wouldn't want to have to explain in court seven years later ..."
  5. by   Sheri257
    A lot of times, the statute of limitations won't begin until the malpractice is discovered. So that could take years, and be yet another reason for the delay.

    Last edit by Sheri257 on Apr 26, '04
  6. by   rdhdnrs
    The law, and lawyers, move like glaciers....time is not the same to them as it is to you and me.
  7. by   Havin' A Party!
    All the above are potentially correct possibilities.

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