Legal Question in Medical Malpractice in Tennessee

Neurological damages

I lost over half the blood in my body after a surgery in 1995. I was very ill from 1987 until 1997 and worked very little during these years. My physical health has improved since that surgery. I begin seeking fulltime employment in 2005. I was able to get hired several times but I had difficulty learning job duties. I knew something was wrong so I sought help from Vocational Rehabilitation. I was seen by a psychologist and a neuron-psychologist. I learned that my IQ is 70 as opposed to my IQ of 126 when I was tested in the early 90’s. I was told that the reason I did not realize the drastic decline in my intelligence was because I had a lot of intelligence to loose and because in every day life I was not using my intelligence the same way I would on a job. I have been diagnosed with AADHD and a Cognitive Learning Disorder. I was not able to say so before but I can clearly and truthfully say now that this decline started right after that surgery. I am presently seeing a Neurologist who has referred me to see another neurophysiologist for farther testing. When it is determined that the blood loss caused this disability, do I have a case? The discovery statue of limitation is a year. My year is up in January 2008.


Asked on 8/31/07, 5:58 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Neurological damages

The statute of limitations in Florida for a medical malpractice claim is 2 years from the time you knew or should have known of the claim, but no more than 4 years from the time of the incident. In the event of fraud or concealment (which is not apparent from the facts posted) the time is 7 years from the incident. From the facts as you state them, it would appear that you fall outside all of the applicable statutes of limitation periods, even if we assyume that there was some negligence associated with the original surgery. Sorry.

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Answered on 8/31/07, 11:33 pm


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