Legal Question in Medical Malpractice in Tennessee

need help on the time limit on possible malpractice

On August 13,2003, I went in for a simple gall bladder removal surgery this was done by laposcope went home that night-no problems at that time and as the evening goes on i start to feel not so good. The next morning when I get out of bed and walk to my kitchen I am suddenly hit very severe severe pain I end up calling 911 to get me to the ER when there I'm admitted to find out what is causing my severe pain. For the next 3 days the doctor who performed the surgery tries to find out what is wrong w/me finally on the 15 he discovers I happen to have a extra bile duct most people just have 2 so during the surgery he only takes care of 2 bile ducts. What I have learned is the leaking bile duct was like pouring hot water on an open soreFor 3 days I had to deal w/the worst pain you imaginable when the doctor finds out what the problem is Iam taken in for emergency surgery to fix the leaking bile duct.3 days later I suffer a severe stroke(cva)which effects my entire left side short term memory problem & of course my depression is worsen.I've spent the past year trying to recall those days I got the medical papers.Is there neglect here on the doctor's part for not seeing the 3rd bile duct&due to my mental state of mind is there a time ?


Asked on 11/16/04, 5:45 pm

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

Re: need help on the time limit on possible malpractice

While there is a general one year statute of limitations for medical malpractice in TN, there are a few limitted exceptions. One example would be if you were a minor or a mentally incompetent person. I doubt the type of depression you have understandably experienced would fit in the latter category. Different states have different filing deadlines, so if your surgery did not take place in TN, you may not be too late. I strongly suggest that you contact a local attorney and tell him or her all the facts so you can get an informed opinion from a knowledgable attorney. Best of luck.

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Answered on 11/18/04, 6:05 pm


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