What is the test for delaying a medical malpractice claim under the Federal Trade Association?

MultiRegion, United States of America

The following excerpt is from Torres v. United States, 14-3880 (2nd Cir. 2015):

Although a tort claim generally accrues under the FTCA at the time of a plaintiff's injury, accrual of a medical malpractice claim "may be postponed until the plaintiff has or with reasonable diligence should have discovered the critical facts of both his injury and its cause." Kronisch v. United States, 150 F.3d 112, 121 (2d Cir. 1998) (internal quotation marks omitted). Even under this more liberal "diligence-discovery" standard,

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such a claim accrues when the plaintiff "knows, or should know, enough to protect h[er]self by seeking legal advice." A.Q.C. ex rel. Castillo v. United States, 656 F.3d 135, 142 (2d Cir. 2011) (internal quotation marks omitted).

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