Medical personnel and hospitals should make good use of “Statute of Limitations Defenses”
The plaintiff was waiting for labor in the hospital. The nurse noticed fetal heart rate decelerations from the fetal heart rate monitor. However, the nurse did not pay enough attention and did not contact the obstetrician until the delivery of the infant’s head. The infant died of aspiration pneumonia.
Issues in the case: Was the claim for damage expired since the plaintiff failed to exercise within a two-year statute of limitations?
The plaintiff had learned the nursing malpractice on or before January 6th, 2001. However, the plaintiff did not file any lawsuit against the nurse until February 12th, 2004, when the claim was obviously extinguished by prescription not exercised by the plaintiff within a two-year statute of limitations.
The nurse used a two-year statute of limitations defense, and so did the hospital. Both defendants refused to compensate the plaintiff. This case was an instance of making good use of "Statute of Limitations Defenses" by the medical personnel and the health care institution.