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Sep 28
2009

When is it too late?

Pretty much every personal injury case has a statue of limitations. These vary state to state, and sometimes are different depending on what kind of case you have. Often of trouble is when the clock starts ticking. That is to say, if I have two year, two years from when? Most of the time it is from the date of the negligence. So in the case of a car wreck, the date of the crash. In most medical malpractice cases, the date of the doctor's error. But what if you didn't, couldn't find out for years? The article below notes that the Supreme Court is about to deal with cases where sponges were sewn up inside patients. When do you think the clock should start?

Texas Court to Decide Whether Suits Are Time Barred
The Texas Supreme Court is set to decide whether two medical malpractice lawsuits involving surgical sponges left behind after surgery should be allowed to continue, the Austin American-Statesman reports. At issue is whether the state's statute of limitations should be applied even though evidence of malpractice was not discovered until years after the initial surgeries. Plaintiffs in both cases argue that the deadline violates constitutionally guaranteed access to the courts. Chuck Lindell, Austin American Statesman 09/28/2009
Read Article: Austin American Statesman