Having a one year statute of limitation and 2 years of on going treatments for a posterior eye capsule rupture during cataract surgery, I was finally told by another doctor of having a choice, either have another operation or use expensive drops twice a day for the rest of my life to maintain eye pressure within a normal range.
Are there exceptions to statute of limitations, if there so, would I have a lawsuit?
In Tennessee, you have one year from the date you knew or should have known of medical malpractice within which to send notice of a potential claim or you will be forever barred from filing a claim. You are unfortunately not allowed to wait until you know the full extent of the injuries to send notice. Tennessee also does not recognize the continuing treatment doctrine meaning that the statute of limitations is not tolled while you continue to treat with the doctor you believe committed malpractice. There is a possible exception if your doctor took steps to prevent you from discovering the malpractice. If you believe this may have happened, you may still want to consult with a local attorney.
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