Statute of Limitations

[Uninformed]

I thought a statute was a formal written enactment of a legislative authority that governs a country, state, city, or county. Thus, I thought a statute of limitations was a time limit enacted by a legislative authority.

A professor stated that I was wrong that boy scouts could have a statute of limitations to become an eagle scout. I then looked up the definition of statute and Merriam Dictionary states that a statute is:
1 : a law enacted by the legislative branch of a government
2 : an act of a corporation or of its founder intended as a permanent rule
3 : an international instrument setting up an agency and regulating its scope or authority

So was the professor correct?

 

[UTViking]

It depends.

 

[zork]

Why not describe it as a private organization having their own set of rules saying you can not be eligible to get your eagle scout after your 18th birthday. Rules set by private organizations case law and exceptions to it are what you should focus on in my opinion. Private organizations don't set statutes.

But, what do I know.

 

[CrazyFoo']

He/She is correct until you get your final grade.

And - I don't see how you can disagree with him after reading the definition.

 

[Uninformed]

Sorry for being unclear. He is a professor but not my professor - and he is not an attorney. The discussion that I had with him was on how long a certain dental record needed to be kept. I said that it depended on the statute of limitation for such liability cases. I didn't know how long that was but I would suspect that it would be for 7 yrs. for adults and until the age of 18 for kids. Then we proceeded onto the secondary discussion.

If you look at the primary definition of statute I would be right that a statute of limitations is set by legislation. However, if you look at the secondary definition of statute, then a statute of limitations could be set by an organization. Thus, I was hoping an attorney could let us know the proper use of the phrase.

 

[NBMisha]

Well, its a rule, not a statute. And its not a statue of limitation in any lay sense of the term, there is no forgiveness issue involved.

 

[mia1994]

The statue changes from state to state... but I would be very surprised if the dentists liability extends beyond 2-3 years. That said, the dentists licensure board probably has a standard for records which extends well beyond the legal liability statute.

 

[CrazyFoo']

I guess it's like the word "gay". It depends on the context.

 

[NickDanger]

A "statute" of limitations is a statute. Here in Texas and the U.S. there are statutes of limitations which limit the time in which a private enitity may pursue legal remedies against another. There are also statutes that limit how long the government has to bring criminal charges. Thoses statutes may be "tolled" or extended by a person's service in the military, legal incapacity (including being a minor), absence from the state, etc. I don't know this for a fact, but it is my understanding there is no statute of limitations for murder. There are also circumstances where a statute my be tolled because the person with the right doesn't know they have been harmed. This is aften called the "discovery rule". Discovery rules vary. That isn't quite correct, but it'll do. They are, for the most part, common law exceptions (court created) to statutes. There are also statutes of repose, also enacted by legilation which absolve people of liability regardless of circumstances. For example, an engineer or architect might do some design work on your home and you find out 10 years and a day after they did it that they ****** up. Too bad.

Dentists and BSA and corporations cannot enact statutes. They can have rules and bylaws and paddles and secret handshakes or whatever they want, and they can probably call them whatever they want, but they aren't statutes. I don't care what a dictionary says. A dictionary has a little more sway than some other document, but it isn't primary legal "authority" by any means.

By the way, to become an Eagle Scout, you must be eligible. First you have to be a boy, etc. Part of the eligibility for becoming an Eagle Scout is that you cannot have attained the age of 18. You have to complete all your various requirements and pass your District Board of Review before your 18th B-day. If you turn 18 a few hours later, you are an Eagle for the rest of your life (I don't know if they even have provisions for taking it away if you should decide to molest children while flying a plane into a football stadium). Even BSA doesn't call it a "statute of limitations". It's a condition of eligibility. I think you can remain an active member as a Boy Scout until 22, but you can't become an Eagle after yor 18th b-day. Btw, you aren't awarded the rank of Eagle - you earn it.

Keeping records "or not" is more often a matter of convenience or protection than any type of rule. Attorneys are required to keep and shred and return documents according rules promulgated by the state bar (which then might become matters of law if the legislature says so). Dentists may have rules that are similar. The used to just be recommendations that would make it easier for you if you happened to get sued, but For 20 years I simply tossed files a year or two after they were closed. I've never heard a word because I think my dog ate them or they were stolen from my basement or car. Some of them were used by my kid to start fires on his way to becoming an Eagle Scout.

Just because you don't/didn't keep your professional records does not mean that you committed malpractice. I don't think it even raises any presumptions that you did mess the patient up.

 

[Doperbo]

It would be easier if Nick provided an example, like say whether enough time gone by for him to publically come clean about illicit feral cat hunting. Something like that.