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What is the right legal path to take to find compensation for what my child has endured?

Nashville, TN |

My child was med flown to Vanderbilt and diagnosed with severe TBI. I have an attorney for the auto accident. While at Vanderbilt, they waited until her ICP was in the 40's before opening her skull to relieve the pressure. She had a massive stroke due to damage to her internal arteries and they told me they would not repair them because she could not survive her injuries. She did and she is paralyzed and blind at 16. They repaired her skull fractures and left a suture poking in her eye and she bled profusely from it and had to have the eye sewn shut. The eye was not properly maintained and the cornea is permanently scarred from the injury. I had a surgeon operate on my child that did not talk to me and was late added to the permit and my child had to have an additional CT. Advice?

Attorney Answers 4


  1. I am so sorry that your family has suffered this tragedy. You state you have an attorney for the auto accident, you can discuss with your attorney if they believe medical malpractice occurred as well. You can find great Malpractice attorneys on Avvo Find a Lawyer feature. The consultations are usually free.
    The severe TBI resulting from the accident could be the cause of these injuries .In addition to the damage caused at the moment of injury, brain trauma causes secondary injury, a variety of events that take place in the minutes and days following the injury. These processes, which include alterations in cerebral blood flow and the pressure within the skull, contribute substantially to the damage from the initial injury.
    What is troubling is the corneal injury from the suture. A medical expert's opinion is going to be needed. Find the best medical malpractice attorney in your area.

    ** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655


  2. You have an attorney, so best bet is to schedule a sit-down appointment with him to discuss.


  3. You should speak to your auto accident attorney about combining the litigation against both the at fault driver and the at fault doctors. If there is a valid claim against the doctors or hospital, it's likely your current lawyer will handle that claim as well as the auto accident claim. If he does not handle medical malpractice claims, then discuss a possible referral to a lawyer he knows who does handle these claims. Be aware that Tennessee has a difficult medical malpractice statute that has very strict time limits on bringing claims. You generally have one year from the date of the injury to either settle with the doctors or hospitals or file suit in court to stop the clock on the Statute of Limitations. Our one year SOL is one of the shortest in the nation.

    Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.


  4. As the other attorneys have suggested, first consult with your auto accident attorney. Tennessee's med malpractice statute is one year, but I believe it is tolled for minors. Your attorney will know the statute. In med negligence cases in Tennessee, your medical expert has to be from a contiguous State with Tennessee to be able to be qualified to give an opinion in a medical negligence case. From the last case I had there many years ago, any minor settlement has to go through court approval and have a guardian ad litem appointed for either the car accident or malpractice case, and your attorney can explain that process to you.

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