Obviously while the discoverability principle operates to provide fairness to a plaintiff who was not fully apprised of the material facts upon which a negligence claim could be based, the plaintiff is nonetheless required to act with due diligence once the basic facts are known, including requesting and receiving a medical opinion so as not to delay the commencement of the limitation period: See Soper v. Southcott (supra), referred to in McSween v. Louis, (supra), at para. 46.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.