{"id":80981,"date":"2021-02-04T05:15:25","date_gmt":"2021-02-04T05:15:25","guid":{"rendered":"https:\/\/www.healthbenefitstimes.com\/glossary\/?p=80981"},"modified":"2022-01-31T08:10:23","modified_gmt":"2022-01-31T08:10:23","slug":"discovery-rule","status":"publish","type":"post","link":"https:\/\/www.healthbenefitstimes.com\/glossary\/discovery-rule\/","title":{"rendered":"Discovery rule"},"content":{"rendered":"<p>In malpractice, a rule in use in some jurisdictions under which the statute of limitations does not commence to run until the wrongful act is discovered or, with reasonable diligence, should have been discovered. The statute of limitations is the period of time ordinarily beginning with the wrongful act, dining which an injured party may sue for recovery of damages arising from the act. In some jurisdictions application of the discovery rule is limited to cases involving a foreign object left in the body of a patient. Some States have adopted statutory rules in malpractice cases which impose double time limits within which an action for malpractice may be brought. Typically these statutes provide that the action must be brought within a limited time after its discovery as well as within a limited time from the date the negligent act occurred.<\/p>\n<hr \/>\n<p>A provision in some states statutes of limitations (see statute of limitation) which requires a plaintiff to file certain types of lawsuits within a specific period of time after she discovers (or should have discovered) her injury, rather than when her injury actually occurred.<\/p>\n<hr \/>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In malpractice, a rule in use in some jurisdictions under which the statute of limitations does not commence to run until the wrongful act is discovered or, with reasonable diligence, should have been discovered. The statute of limitations is the period of time ordinarily beginning with the wrongful act, dining which an injured party may [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-80981","post","type-post","status-publish","format-standard","hentry","category-d"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Discovery rule - Definition of Discovery rule<\/title>\n<meta name=\"description\" content=\"In malpractice, a rule in use in some jurisdictions under which the statute of limitations does not commence to run until the wrongful act is discovered or, with reasonable diligence, should have been discovered. The statute of limitations is the period of time ordinarily beginning with the wrongful act, dining which an injured party may sue for recovery of damages arising from the act. In some jurisdictions application of the discovery rule is limited to cases involving a foreign object left in the body of a patient. Some States have adopted statutory rules in malpractice cases which impose double time limits within which an action for malpractice may be brought. Typically these statutes provide that the action must be brought within a limited time after its discovery as well as within a limited time from the date the negligent act occurred.A provision in some states statutes of limitations (see statute of limitation) which requires a plaintiff to file certain types of lawsuits within a specific period of time after she discovers (or should have discovered) her injury, rather than when her injury actually occurred.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.healthbenefitstimes.com\/glossary\/discovery-rule\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Discovery rule - Definition of Discovery rule\" \/>\n<meta property=\"og:description\" content=\"In malpractice, a rule in use in some jurisdictions under which the statute of limitations does not commence to run until the wrongful act is discovered or, with reasonable diligence, should have been discovered. The statute of limitations is the period of time ordinarily beginning with the wrongful act, dining which an injured party may sue for recovery of damages arising from the act. In some jurisdictions application of the discovery rule is limited to cases involving a foreign object left in the body of a patient. Some States have adopted statutory rules in malpractice cases which impose double time limits within which an action for malpractice may be brought. Typically these statutes provide that the action must be brought within a limited time after its discovery as well as within a limited time from the date the negligent act occurred.A provision in some states statutes of limitations (see statute of limitation) which requires a plaintiff to file certain types of lawsuits within a specific period of time after she discovers (or should have discovered) her injury, rather than when her injury actually occurred.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.healthbenefitstimes.com\/glossary\/discovery-rule\/\" \/>\n<meta property=\"og:site_name\" content=\"Glossary\" \/>\n<meta property=\"article:published_time\" content=\"2021-02-04T05:15:25+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2022-01-31T08:10:23+00:00\" \/>\n<meta name=\"author\" content=\"Glossary\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Glossary\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"1 minute\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.healthbenefitstimes.com\/glossary\/discovery-rule\/\",\"url\":\"https:\/\/www.healthbenefitstimes.com\/glossary\/discovery-rule\/\",\"name\":\"Discovery rule - Definition of Discovery rule\",\"isPartOf\":{\"@id\":\"https:\/\/www.healthbenefitstimes.com\/glossary\/#website\"},\"datePublished\":\"2021-02-04T05:15:25+00:00\",\"dateModified\":\"2022-01-31T08:10:23+00:00\",\"author\":{\"@id\":\"https:\/\/www.healthbenefitstimes.com\/glossary\/#\/schema\/person\/ccfef987a4882e6356ae6d77d33e74c5\"},\"description\":\"In malpractice, a rule in use in some jurisdictions under which the statute of limitations does not commence to run until the wrongful act is discovered or, with reasonable diligence, should have been discovered. 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