Medical Malpractice Statute of Limitations Discovery Rule

An injured party, claiming professional negligence against a medical professional, appealed a judgment that dismissed their claim due to the statute of limitations expiring before the action was initiated. The Court of Cassation quashed the decision, holding that the prescriptive period for professional liability claims begins not from the date of the act causing harm, but from the date the injured party becomes aware, or should have reasonably become aware, of the damage and its connection to the act, thereby requiring the lower court to re-examine the factual timeline regarding the discovery of the prejudice.