Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
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In order to toll the statute you need to demonstrate fraud that prevented the plaintiff from discovering the malpractice. Forging a consent form is certainly fraudulent, but it doesn't "prevent" the plaintiff from discovering the malpractice. They would presumably know they didn't sign the form as soon as it was presented to them. But even if they didn't, whether or not the patient consented to the procedure actually has nothing to do with whether the standard of care was breached in performing the procedure. They are two completely separate things so I just don't see how forging a consent form prevents the plaintiff from discovering the malpractice.
As for telling a patient they may settle, that is a common tactic but would not typically toll the statute of limitations. The only exception MIGHT be if the physician was still treating the patient at this time and it could be argued that the physician was using their influence as the patient's treating doctor improperly in order to trick them into missing the statute. I think that would be a very, very tough argument though, and it also assumes continued treatment.
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