In: Nursing
How do statutes of limitations protect professional nurse-defendants? Do they also protect the injured parties?
STATUTES OF LIMITATIONS:-
- It is defined as either a state or federal law passed by the
respective legislatures that sets the maximum time period during
which an action can be brought [in court] or rights enforced.
- After the time period has passed no legal action can be brought
or rights enforced.
STATUTES OF LIMITATIONS PROTECTS PROFESSIONAL NURSE
DEFENDANT:-
-states have enacted statutes of limita-
tions that limit the time in which a plaintiff
may file an action for negligence or mal-
practice.
- Many of these are limited to a 2-
or 3-year period. The actual time it takes
for the case to come to trial may be several
years, but the claim must be filed within the
statutory period.
-Some states have a statute of repose,
which sets absolute time limits for claims
to be made.
- In some cases statute of limitations is for the patient to claim
the action as ordinary negligence, rather than malpractice, because
the time limit may be longer.