Legal Question in Medical Malpractice in Tennessee

Length of statute of limitations on a potential suit

It has come to our attention that our mother was mistreated by a mental health physician 2-3 years ago. He accused her of seeking care because of being a ''pill popper''. She was admitted to a mental health facility not long after the confrontation. The reason being that her records were mixed up with another woman's of the same name. Not only did the physician mix them up, but the facility did too. This could have led to misdiagnosis of my mother. We are still trying to find out if this was the case. But just the same, he did not have the right to talk to her this way. The only thing he said was that he and the facility owed her an apology. That was the end of it on their end. We are wondering if we have grounds for a suit for her, and if so what are the statute of limitations for filing? Any and all information provided are greatly appreciated.


Asked on 1/26/02, 2:51 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Length of statute of limitations on a potential suit

Your mother has a potential lawsuit, but she has a significant Statute of limitations problem. You really need to contact a lawyer right away because there are several deadlines at issue here. There is one deadline against the Doctor. One against the institution. When the statute of limitations runs may depend on when your mother discovered the mixup. I feel uncomfortable listing all the possible time issues here, but please contact a lawyer and ask him or her about the one year statute of limitations and the three year statute of repose as well as any other applicable filing deadlines. Good luck.

(Marc Reisman-901-527-9600)

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Answered on 1/28/02, 11:03 am


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