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I need help with a medical malpractice case against a hospital. What are exceptions to statute of limitations of of 1 year inTN?

Pulaski, TN |

I want to sue a hospital for criminal negligence and medical malpractice in Tennessee. I was a patient in a mental hospital in December of 2011 and was raped by another patient. The nurses said it was not rape but "nonconsensual sex" and they told me that it had been taken cared of and that I did not need to talk about it anymore. I did not get a medical exam, no rape kit, no therapy, and the police did not talk to me. I know the statute of limitations for Tennessee for medical malpractice is one year, but there are supposed to be exceptions that can lengthen it to 3 years. But I cannot find those exceptions anywhere online and have not found a lawyer who is willing to give me advice about my case. I am disabled and receive disability payments from the government and have PTSD.

Attorney Answers 3

  1. When it applies, the "discovery rule" allows a lawsuit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered.

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  2. You need to speak to an attorney as soon as possible. In Tennessee if proper notice is given to a potential medical defendant, it extends the statute of limitations by 120 days. Giving notice is very detail oriented process that has to be done in a very specific way. You need to obtain copies of all your medical records from that facility and your case needs to be evaluated to determine whether there is any additional cause of action other than medical malpractice as well.

  3. I agree with Mr. Hardin. Your best option is to consult with a local Medical Malpractice attorney to review the details of your case and advocate on your behalf. I hope you found my answer helpful.

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