Insights on Malpractice Law: Statute of Limitations

Courts are apt to closely scrutinize attempts to use the statute of limitations to bar recovery, because this deprives the injured plaintiff of an otherwise legitimate claim. In a typical example, the defendants sought to dismiss the case (so-called motion for summary judgment) by arguing that the plaintiff filed suit some 32 months after she had developed Sheehan’s syndrome from postpartum hemorrhagic shock, and this exceeded the 2-year statute of limitations. The court ruled that "Since reasonable minds could differ as to when the injury and its operative cause should have been discovered by a reasonably diligent patient, the timeliness of the plaintiff’s claims should be decided by a jury and the motions for summary judgment will therefore be denied."

Litigation over time-barred actions is seen not only in medical malpractice, but also in other types of personal injuries; in products liability, for example, asbestos injuries; and in childhood sexual abuse.

Dr. Tan is professor of medicine and former adjunct professor of law at the University of Hawaii, Honolulu. This article is meant to be educational and does not constitute medical, ethical, or legal advice. It is adapted from the author’s book, "Medical Malpractice: Understanding the Law, Managing the Risk" (Hackensack, N.J.; World Scientific Publishing Company 2006). For additional information, readers may contact the author at siang@hawaii.edu.