Mrs. Casey was expecting her second child. Because she had atypical postpartum eclampsia during her first pregnancy, she chose to be cared for by a group of obstetricians who specialize in complicated obstetric care. She delivered a healthy daughter during the ninth month of her pregnancy. Shortly after delivery, she reported swelling in her hands and face, headaches, and visual changes she associated with the postpartum symptoms she had experienced following the birth of her first child 2 years earlier.

One of the physicians authorized her to stay an additional say 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 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.

• 1.How does the statue of limitations affect this case?
• 2.Is there evidence to support the claim that the status of limitations barred Mrs. Casey’s cause of action?
• 3.Is there evidence to support the plaintiff’s claim that the statue of limitations should not bar this action?
• 4.How would you decide this case?

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Status NEW Posted 23 Sep 2017 03:09 PM My Price 5.00

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