In: Nursing
What is the rationale (policy reasons) for the Statute of
Limitations in negligence cases.
The concept of statutes of limitation balances the crucial right to justice with the perception of practical justice. In this perspective the law wants distressed parties to state claims within a realistic period of time. Basically that policy is "use it or lose it" if someone has a right that is protected under the law that has been infringed that is very clear. Nobody can threaten someone with litigation forever that anyone never bring.
Ultimately the person has to file a court case or lose the right
to do so otherwise there is no option.
Statutes of limitation are not unfair as it reflect public policies
build into the legal system. Although this looks like a imaginary,
in practical terms the law is about more than simply proving one
party has objective confirmation of bad behavior.
That is why certain claims have much longer statutes of
restraint than others, differing from one year to twenty. These
conflicting time periods reflect choices made by the governing
body.
Furthermore the apparent harshness of statutes of limitations is
frequently counterbalanced by existing doctrines. It means a
limitations period for bringing a lawsuit does not begin to run
until certain conditions are met in the particular way. Some of
these apply where the person affected is not aware of the claim,
whether because of disguise of the wrong or for other reasons the
law deems to be understandable holdup in asserting a claim.
It a major issue in the health care system when we talk about the health insurance policy
Hence this concept should be used for the interest of the health benefits in the insurance.