Legal Question in Medical Malpractice in Mississippi

Discharge from ER w/ herniated disc

I went to the ER on Thurs morning w/ extreme back pain, numbness throughout both of my legs, and being incontinent of both bowel and bladder. After doing only a plain film xray, the doctor suggested that I might want to see a neurologist and sent me home. I saw the specialist Fri afternoon and was rushed in for emergency surgery to remove a VERY large herniated disc. I still to this day ( over 3 months later) have substantial numbess and am still incontinent. Do I have any case againt the ER doc for not recognizing my symptoms and calling for a neuro consult right then. All of the other doctors that I have seen since agree that I would be in much better health now if the surgery had not waited 48 hours from the original impingement. Also, is there a statute of limitations on matters such as these, and if so, how long. Thank you.


Asked on 5/15/06, 4:48 am

1 Answer from Attorneys
James Higgins Higgins & Himmelberg

Re: Discharge from ER w/ herniated disc

You have a one year statute of limitations for medical malpractice cases in TN. To be safe,you should count your year from the date you went to the ER. With regard to the case itself, I think it would be very difficult to win. Obvioulsy, there delay did not cause the injury. As such, you are looking at proving what additional damage it caused and that it a very hard thing to do. How did you herniate the disk?

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Answered on 5/15/06, 9:34 am


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