Although I would like to thank Dr. Richmond for taking the time to comment on my article, I disagree with his conclusions. This article does not imply that if a patient does not sue you by the time the statute of limitations has run out, the dentist has acted in an appropriate manner.
This article discussed the statute of limitations and the public policy behind terminating litigation at some appropriate time. As the article concludes, the legislatures in almost all states have determined that a reasonable time to file a malpractice lawsuit is two years. Thus, "[t]his decision upholds this legislative scheme."
The focus of this article is entirely on the application of the statute of limitations to a particular set of facts, and not a discussion of the behavior that the dentist should have undertaken to avoid a malpractice claim. However, Dr. Richmond has added comments that I consider beyond the scope of this article, but nevertheless worthy of consideration.
