Statutes of Limitations

Statutes of Limitations: Mrs. Casey’s Case
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Institution

Statutes of Limitations: Mrs. Casey’s Case
The case presented is one in which Mrs. Casey filed a lawsuit against a hospital due to early dismissal and subsequent readmission. Mrs. Casey had suffered from postpartum eclampsia after her first pregnancy, and hence she sought specialized care during her second pregnancy. Even though she delivered her daughter, well, she started showing symptoms of postpartum eclampsia shortly after delivery, prompting one of her physicians to authorize an extra day of stay at the acute care for more evaluation. However, this approval was dismissed, and she was discharged because her insurance policy could not approve of the extra stay in the hospital. Her symptoms got worse while at home, and she was rushed to the ICU where she spends three weeks. She then filed a lawsuit protesting her early dismissal during her initial stay at the hospital.
According to the statutes of limitations in the state of Florida, first degree misdemeanors have to be reported within two years. Any case that is reported after the specified timeframe after is considered null and has no evidence (Burbank& Wolff, 2018). The case presented by Mrs. Casey is liable for dismissal because she had filed it after two years since the injustice was committed to her. Her argument, through her representative attorney, that she presented the case within two years after her discharge from the ICU does not hold ground because the real-time that injustice was done to her was when she was initially discharged from the hospital without full recovery.

She should, therefore, have filed a lawsuit against the hospital within two years after that time, not two years after she was discharged from the hospital. The statutory limitation is fully-fledged laws that not even a judge can change, and they specify the exact time that a person can file a lawsuit of particular nature (Lambert, 2014). Therefore, there was evidence that the case filed by Mrs. Casey was barred by the statute of limitations as she filed her case after the allowable time had expired.

References
Burbank, S. B., & Wolff, T. B. (2018). Class Actions, Statutes of Limitations and Repose, and Federal Common Law.
Lambert, W. (2014). Focusing on Fulfilling the Goals: Rethinking How Choice-of-Law Regimes Approach Statutes of Limitations. Syracuse L. Rev., 65, 491.