Q: In dental malpractice cases does statutes begin at the time of discovery if discovery isn’t until 3 years later?
I discovered bone loss in my jaws 3 years after my treatment because the dentist continued to adjust my dentures for 1 1/2 years )due to an error when making impressions) and then decided I couldn’t wear dentures after all bcuz I was a rare person who couldn’t wear them and needed implants instead? When I went to get my implants after saving up 3 years after treatment I learned I couldn’t get implants either and the dentist knew all of this going in, & never said a word about any of it
A:
A Colorado attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Colorado attorney, a general premise applied in many jurisdictions that observe a discovery rule in med mal cases is that the clock starts running from when something was discovered or should have been discovered. Given the wording of many statutes, it is an issue that could sometimes be subject to debate. But that is general commentary. Since statutes of limitations are governed by state law, only a Colorado attorney could advise meaningfully. Good luck
Tim Akpinar
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