Malpractice is no longer an option.can I sue for emotional distress from a botched brain surgery that occured 8/08

Asked about 3 years ago - Cleveland, OH

I am an epileptic of 28yrs. I had gone to have the procedure done where they can remove the tissue from the brain that triggers them. during the first of two steps the surgeon hit a motorstrip causing my brain to bleed. he continued inserting the rest of the probes. Because he continued the first step the blood clotted causing a stroke. I now a severe numbness in my left hand, daily migraines, take more medication have been ordered to seek pshyiatric treatment and now have much worse seizures!

Attorney answers (5)

  1. Robert Anthony Herking

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The statute of limitations on a medical malpractice claim runs one year from the malpractice, one year from the last date of treatment, or one year from the date the patient discovers, or in the exercise of reasonable diligence should have discovered, the resulting injury from the malpractice. Should you not file or settle any potential claim before this time lapses, then you are forever barred from bringing a claim. Based on the information above, if the injury occurred in 2008, and you realized it at that time, you may be barred from bringing any potential claim(s).

    By answering, no attorney-client relationship is established. The information provided is for just that,... more
  2. Robert Anthony Herking

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You should definitely contact an attorney in the state all occurred. While medical malpractice cases do, in most cases, allow for emotional distress, only a careful and comprehensive review of the records can determine whether a claim should be pursued. This review should not wait any longer than necessary.

    By answering, no attorney-client relationship is established. The answer provided is for information purposes. A... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There are time limits known as statutes of limitations which limit the time you have to file a case.

    Click on the name or picture of the lawyer answering your question to see their profile, and then you can click... more
  4. Gene Scott Ray

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You should speak to an Ohio attorney (I assume that is where this happened). The law in each state differs. They have different statutes of limitations, different tolling provisions, different laws regarding what type of case you can pursue. Do not delay since filing a case even one day late won't work.

    This information does not form an attorney-client relationship and is provided for general informational purposes... more
  5. Michael Ian Rott

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I recommend that you obtain your medical records regarding this procedure. Next, as the previous attorney mentioned there are time limits, commonly known as the statute of limitations, that dictate when a lawsuit must be filed. There are also exceptions to these time limits, such as when you knew that the problems you were experiencing were caused by the surgery performed by this physician. You need to contact a reputable medical malpractice lawyer.

    Please be advised that the advice provided does not create any attorney/client relationship; that due to the... more

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