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not begin to run in a medical rtalpract7:ce case unti 1 the Claimant _
or Plaintiff has discovered or has had reasonable opportunity to
discover each and every essential element of the possible cause of
action. See DeWitt v. United States, 593 Fed.2d 276 (7th Cir. 1979);
Jones v. Queen of the Valley Hospital, 153 California Reporter, 662
(California 1979); Sartin v. St. Paul Fire and Marine Insurance Cor.~pany,
'359 So.2d 649 (Louisiana 1st Circuit 1978); Acker v. Palena, 393
Atlantic 2d 1230 (Pennsylvania Superior Ct. 1978); Uhler y. Tacoma
General Hospital, 598 Pacific 2d, 1358 (Washington Supreme 1979).
The two year Statute of Limitations which the defense
alleges is applicable in cases of medical malpractice or wrongful
death is generally and in a situation such as the case at bar, a
time period which is'unreasonable and unconstitutionally too short.
Such a period of time under these circumstances is a violation of
the access to the Court's provision of the Florida Constitution
and the due process clause of the Fourteenth AmendMent to the United
States Constitution. A determination by the legislature as the primary
Judge as to whether the time allowed by a Statute of Limitations is
reasonable is a determination which is reviewable by the Courts. In
determining whether a reasonable time is allowed by a particular
Statute of Limitations, the Court must consider the circumstances
under which the s-tatute is to apply, and, of course, as to this, no
one rule can be laid down which governs all cases. Each limitation
must be separately judged in she light of the circumstances surrounding
the class of cases to which it applies.. In determining whether a
statste does or does nc~t provide for a reasonable period before it
operates to bar causes of action existing at the time of its passage,
the Courts will consider the affect of the law upon possible cases
arising thereunder and will not be governed and upholding its reason- i
ableness by the fact that in a particular case or situation the time
allowed for suit appears to be adequate. A limitation is unreasonable
which does not afford full opportunity to sue or file a claim uefore
the bar takes affect.
When we speak of the "class of cases" t.'~at involves
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