My misdiagnoses was discovered in Alabama under the discovery rule, the medical malpractice occurred in Alabama and Michigan. Which state's discovery rule and statute of limitation do I use?
Without having more facts, it is difficult to give a specific answer. That said, assuming that the original injury (misdiagnosis) occurred in Michigan, while you were a Michigan resident, then Michigan's rules are likely to apply. Nevertheless, I would recommend checking with an attorney licensed in Alabama, especially if you are a resident of Alabama. Choice of law and statute of limitations questions are often complicated in these circumstances.
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