 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
O'Connor v. Wong1/28/2003
t court's conclusion that O'Connor's claim to the MCCP failed to name and, therefore, did not apply to, Defendants.
In its April 13, 1995, and May 5, 1995 letters, the MCCP: (1) correctly advised O'Connor that (a) the claim was accepted on behalf of Queen's Medical Center and O'Connor would need to notify the MCCP of the identity of the other respondents as soon as he identified them and (b) the claim was incomplete and that he needed to specifically identify each respondent by name and failure to do so may not toll the statute of limitations; and (2) instructed O'Connor to obtain a copy of his medical records to assist in identifying potential respondents. O'Connor did not take any steps to protect himself until seventeen months later when, on October 21, 1996, he filed an amended claim.
3.
O'Connor argues that the HRS § 657-7.3 statute of limitations period did not begin to run until November 15, 1994, because he neither discovered, nor through the use of reasonable diligence should have discovered, the injury until November 15, 1994, when he was advised by a physician at Queen Emma Clinic that the x-rays taken on July 12, 1994, showed a fracture of his right arm. O'Connor states that he is a lay person without medical knowledge and training, he relied upon the advice of his physicians that he had a sprain, and he did not know he had been misdiagnosed until November 15, 1994. This allegation and argument is contradicted by the facts noted above.
CONCLUSION
On the day when O'Connor knew or should have known of his claims against Defendants, the two-year limitation period specified in HRS § 657-7.3 began to run. O'Connor knew or should have known of his claims against Defendants prior to October 21, 1994. Therefore, when, on October 21, 1996, O'Connor filed with the MCCP his claims against Defendants, the two-year statutory limitation period had expired.
Accordingly, we affirm the August 2, 2001 Judgment in favor of Defendants and against O'Connor.
Page 1 2 3 4 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|