I was recently diagnosed to have TBI as result of the fall during seizure.
My life could have been so different if I had a right diagnosis 4 years. From 2/2009( original incident) to last year I made total 3 visits ER. Hospital failed to diagnose TBI every time even thought overwhelming evidence of TBI ( fall hitting back of my head to marble floor, LOC- 8min, PTA-1hr, memory loss, balance problem, migrain, major cognitive impairment). I had to leave my job ( almost fired) where I worked as medicinal chemist for 15 years ( > $110,000) . I was told that it was too late to do anything now. it could had been different. I can't understand they missed 3 times at ER, they blamed my medications every time, not looking the obvious. My life is struggle everyday.
The statue is generally one year from date of knowledge and no more than three years from the med mal event. So time wise you may be ok. But this is a very difficult analysis. You will need to meet with an attorney practicing in medical malpractice to evaluate your case.
Seek a personal injury attorney in your area to discuss the details of your case. Many offer free 30 minute consultations. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Have a local malpractice lawyer order all your medical records and send them to an expert to review.