Question

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

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.