How is the date of discovery defined in a medical malpractice case?

This is an apparent case of medical malpractice and you should definitely consult an attorney. However, one possible barrier to your suit might be your state's statute of limitations laws. Many of these laws are premised on the time the injury was discovered, and how this discovery date is defined varies from state to state. Some state laws are pro plaintiff, and set the discovery date at the time the injury is actually discovered or should have reasonably been discovered; in this case the discovery occurred when your reports were correctly read. This is called the "delayed discovery" doctrine. However, some states have more stringent laws and set the date of discovery at the origination of the medical malpractice. If your state's laws say that the date of discovery dates back to that first misread report, the statute of limitations may have already run. Consult with an attorney experienced with medical malpractice to determine your rights in this case.