Friday, May 1, 2015
Discovery Rule - Medical Malpractice
The Mississippi Supreme Court decided Holaday v. Moore yesterday which is located here. The case dealt with the discovery rule in medical malpractice cases. The main focus of the case was that whether a party was reasonably diligent in discovering medical malpractice that occurs outside the statute of limitations. The Court concluded that whether a party is reasonably diligent is an issue of fact for the jury. There was a pretty strong dissent in the case. This opinion has probably one of the best discussions I have seen on both sides of the discovery rule and the current state of the law on this issue in Mississippi.