Is there evidence to support the plaintiff’s claim that the statute of limitations should not bar this action?
Mrs. Casey was expecting her second child. Because she had atypical postpartum elcampsia during her first pregnancy, she chose to be cared for by a group of obstetricians who specialized in complicated obstetrical care. She delivered a healthy daughter during the 9th month of her pregnancy. Shortly after delivery, she reported swelling in her hands and face, headaches, and visual change she associated with the postpartum symptoms she had experienced following the birth of her child 2 years earlier. One of the physicians authorized her to stay an additional day in the acute care setting for further evaluation, but she was dismissed when the hospital nursing staff said her insurance would not approve the additional hospital day. Three days later she presented to the emergency center with high blood pressure, severe headaches, and 4+ swelling in both of her lower extremities. She was admitted to the intensive care unit for treatment and was released 3 weeks after this second admission. She later filed a lawsuit for the early dismissal and the subsequent readmission. At trial level, the plaintiff’s attorney argued that the case had been timely filed, as the patient filed this lawsuit within 2 years after she was discharged from the intensive care unit stay. The defendants’ attorney countered that she had not timely filed the lawsuit, as it was filed more than 2 years after the initial discharge following the birth of her daughter.
Is there evidence to support the plaintiff’s claim that the statute of limitations should not bar this action?
