Question

What is the purpose of the statute of limitations? CASE STUDY 14 FACTS: On March 9,...

What is the purpose of the statute of limitations?

CASE STUDY 14

FACTS: On March 9, 1993, the plaintiff suffered from a sore neck while at work as a nurse anesthetist at the hospital. The pain increased throughout the day and, after having difficulty sleeping because of the pain, the plaintiff visited the emergency department at the hospital in the early morning of March 10, 1993. While in the emergency department, the plaintiff was examined by a physician, who suggested that the plaintiff undergo a computerized axial tomography (CAT) scan. After undergoing the CAT scan, the plaintiff subsequently was discharged from the hospital by another emergency department physician. The discharge papers indicated that the CAT scan had revealed a possible brain bulge, cerebral edema, and cervical arthritis. Also, upon being discharged, the plaintiff was prescribed medication that he knew was used to reduce brain swelling. After being discharged from the emergency department, the plaintiff returned to his home. Thereafter, on March 12, 1993, the plaintiff awoke and noticed strange temperature sensations in his hands. Subsequently, the plaintiff realized that he was unable to hold a pen or write, and he experienced other subtle changes in motor control functions. At that time, the plaintiff returned to the emergency department of the hospital, where the defendant physician ordered another CAT scan. The plaintiff was then admitted to the hospital and on March 16, 1993, the plaintiff was told by a neurologist, Yolanda Pena, that he had suffered a stroke on March 12. The plaintiff testified that he did not question the care he had received at the hospital until 1995, when he read two magazine articles regarding the treatment of strokes. As a result of reading those articles, the plaintiff, in October 1995, sought legal counsel regarding the treatment he had received at the hospital. The plaintiff also testified that the first time that he read his emergency department record from March 10, 1993, was when he met with his legal counsel. That record revealed that the physician had recorded his diagnosis of the plaintiff as including a “possible [cerebrovascular accident] CVA.” The statute of limitations that is applicable to this action provides that a person must bring an action within 2 years from the date that he discovers, or in the exercise of reasonable care should have discovered, that he has suffered actionable harm.1

Homework Answers

Answer #1

Statute of limitation: It is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago.

Purpose:

  • The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time.
  • It is used to protect defendants. There are three reasons for their enactment: A plaintiff with a valid cause of action should pursue it with reasonable diligence. By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim.
Know the answer?
Your Answer:

Post as a guest

Your Name:

What's your source?

Earn Coins

Coins can be redeemed for fabulous gifts.

Not the answer you're looking for?
Ask your own homework help question
Similar Questions
Case Study: Medical Product Liability What are the limits on medical product liability cases under federal...
Case Study: Medical Product Liability What are the limits on medical product liability cases under federal law? FACTS: On May 10, 1996, the plaintiff underwent a percutaneous transluminal coronary angioplasty, intended to dilate his right coronary artery, which had been found to be “diffusely diseased” and “heavily calcified.” The physician used an Evergreen balloon catheter, which is specifically contraindicated for patients who have “diffuse or calcified stenosis.” During the procedure, the physician first attempted to remove the calcium deposits in...
medical terminology) case study for patient case find all medical terms and defined them. Introduction: The...
medical terminology) case study for patient case find all medical terms and defined them. Introduction: The patient Mr. J, a 58 years old African-American, admitted in the Emergency Department with complaints of loss of balance followed by the altered level of consciousness (ALOC), left-sided hemiparesis, dysarthria, and facial droop. He denied chest pain, visual disturbances, cephalalgia, trauma, bowel incontinence, urinary incontinence, etc. He had stable vital signs except blood pressure of 150/90 mm of Hg, indicating hypertension. After necessary diagnostic...
HELMINTH GENUS NAMES TO MATCH TO THE CASE STUDY:       Taenia Ascaris Enterobius Schistosoma Trichinella Case 1:...
HELMINTH GENUS NAMES TO MATCH TO THE CASE STUDY:       Taenia Ascaris Enterobius Schistosoma Trichinella Case 1: A 4-year-old female arrived at the emergency department with abdominal pain, vomiting and a 3-day history of diarrhea. She also exhibited tachycardia, bloating with no bowel sounds, and a palpable mass in the area of the right ileum. An X-ray of the area revealed air fluid levels and the shadow of roundworms in a “whirlpool” image. The ileum was nearly obstructed, and the patient...
CHINESE CASE STUDY #1 An elderly, Asian-looking man is admitted to the emergency room with chest...
CHINESE CASE STUDY #1 An elderly, Asian-looking man is admitted to the emergency room with chest pain; difficulty breathing; diaphoresis; vomiting; pale, cold, clammy skin; and apprehension. Three people, speaking a mixture of English and a foreign language to one another, accompany him. The nurse tries to speak English with the man, but he cannot understand anything she says. Accompanying the elderly man are two women (one elderly and very upset and one younger who stands back from the other...
I want answer question from 9 to 14 D.H., a 54-year-old, has had multiple chronic medical...
I want answer question from 9 to 14 D.H., a 54-year-old, has had multiple chronic medical problems, including type 2 diabetes mellitus (DM) for 25 years, which has progressed to insulin-dependent DM for the past 10 years; a kidney transplant 5 years ago with no signs of rejection at last biopsy; hypertension (HTN); and remote peptic ulcer disease (PUD). His medications include insulin, immunosuppressive agents, and two antihypertensive drugs. He visited his local physician with complaints of left ear, mastoid,...
Mr. W, a 26 year-old man, entered the emergency department with complaints of fever, severe abdominal...
Mr. W, a 26 year-old man, entered the emergency department with complaints of fever, severe abdominal pain, and nausea. He denied any health problems but disclosed a daily intake of four to six beers per day. An abdominal computed tomography (CT) scan performed on admission revealed pancreatic inflammation and intraabdominal ascites. He was admitted to the step-down unit for the management of acute pancreatitis. His treatment plan included intravenous antibiotics, pain control, and management of alcohol withdrawal. Within 48 hours...
CASE STUDY- ATOPIC DERMATITTIS GIVE 5 NURSING DIAGNOSIS MT is a 4 year old male that...
CASE STUDY- ATOPIC DERMATITTIS GIVE 5 NURSING DIAGNOSIS MT is a 4 year old male that was referred from Dermatology to our allergy clinic at Steve Biko Academic Hospital on the 7th of July 2014. Further history and symptomatology  The rash started at 1 year of age and worsened as time went on.  The rash was extremely itchy and the child was constantly scratching the affected areas.  The child’s quality of life was affected as the child...
APPALACHIAN CASE STUDY #1 William Kapp, aged 55 years, and his wife, Gloria, aged 37, have...
APPALACHIAN CASE STUDY #1 William Kapp, aged 55 years, and his wife, Gloria, aged 37, have recently moved from an isolated rural area of northern Appalachia to Denver, Colorado, because of Gloria’s failing health. Mrs. Kapp has had pulmonary tuberculosis for several years. They decided to move to New Mexico because they heard that the climate was better for Mrs. Kapp’s pulmonary condition. For an unknown reason, they stayed in Denver, where William obtained employment making machine parts. The Kapp’s...
Question: A Nurse Practitioner educator who coordinates the staff education on an oncology unit is conducting...
Question: A Nurse Practitioner educator who coordinates the staff education on an oncology unit is conducting an inservice on … therapies. What potential benefit of … therapies should the nurse highlight in this education session? NURS 6521N 55 Question: Laboratory testing has confirmed that a patient has chloroquine-resistant malaria and the patient’s physician has … quinine along with an adjunctive drug. The nurse should question the physician’s order if the patient has a history of Question: When planning care for...
** Summarize the following paragraphs in ONE PARAGRAPH please.** Just as my deadline approached for the...
** Summarize the following paragraphs in ONE PARAGRAPH please.** Just as my deadline approached for the editorial for this issue, Time magazine for March 5, 2018 arrived at my home. In this historic issue, entirely devoted to the topic of the opioid epidemic in the United States, riveting black and white photographs by James Nachtwey depict what is happening in my country. It is difficult for me to find words to describe the emotional impact of these photographs, even though...
ADVERTISEMENT
Need Online Homework Help?

Get Answers For Free
Most questions answered within 1 hours.

Ask a Question
ADVERTISEMENT