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  1. #1
    Join Date
    Mar 2010
    Posts
    8

    Default What is the Statute of Limitations on a Failure to Diagnose Claim

    My question involves malpractice in the state of: Alabama
    In January 2016, my daughter asked her psychiatrist to order a brain mri, as she had suddenly experienced memory loss and a decline in cognition. She thought this was due to a head injury. After the mri, her doctor was vague about the results and refused to tell us what the test showed. We had the results sent to a neurologist, who ordered psych-neurological testing. The two doctors agreed that the symptoms were psychiatric in origin. The neurologist was no more specific than that. As my daughter was already under psychiatric treatment, he did not feel further testing was necessary.
    Recently she had additional tests after a mri for back pain showed a spinal cord lesion. A new brain mri strongly suggested MS, with a feature called Dawson’s Fingers, suggesting damage from long-term inflammation. Yesterday, prior to her disability hearing for another condition, we were able to view the 2016 mri results for the first time. The summary said that “demyelinating diseases cannot be excluded” as the cause of visible brain lesions, and that a follow-up test could be performed. There were no Dawson’s Fingers at that time. My conclusion is that she had MS at the time; she was misdiagnosed (lesions and MS symptoms having been ignored); and permanent damage occurred in the meantime due to the lack of appropriate treatment that could have mitigated or prevented the inflammation. Is there anything we can do about the misdiagnosis and lack of additional testing or treatment?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,667

    Default Re: Has My Time Run Out

    Read the statute:

    https://law.justia.com/codes/alabama...ction-6-5-482/

    You may still have time, but not much.

    I suggest you get to a medical malpractice attorney like right now.

  3. #3
    Join Date
    Mar 2010
    Posts
    8

    Default Re: Has My Time Run Out

    I followed your link. I was disappointed that the 2-year statute of limitations has expired but encouraged that some stipulations regarding discovery may apply. I did not understand them, though.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,667

    Default Re: Has My Time Run Out

    Quote Quoting TooConfused
    View Post
    Thank you, Adjusterjack. I will get right on it.

    I followed your link. I was disappointed that the 2-year statute of limitations has expired but encouraged that some stipulations regarding discovery may apply. I did not understand them, though.
    You have an additional 6 months from discovery.

    If what you learned about the malpractice "recently" can be construed as the "discovery" of the malpractice event you have an additional 6 months from the discovery to file a lawsuit (not just file a claim).

  5. #5
    Join Date
    Mar 2010
    Posts
    8

    Default Re: Has My Time Run Out

    Quote Quoting adjusterjack
    View Post
    You have an additional 6 months from discovery.

    If what you learned about the malpractice "recently" can be construed as the "discovery" of the malpractice event you have an additional 6 months from the discovery to file a lawsuit (not just file a claim).
    OH! That is VERY good news! Thank you so much. We discovered the report last week on 3/13/19, when Social Security gave us access to their records just before my daughter’s hearing.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,667

    Default Re: Has My Time Run Out

    Quote Quoting TooConfused
    View Post
    OH! That is VERY good news! Thank you so much. We discovered the report last week on 3/13/19, when Social Security gave us access to their records just before my daughter’s hearing.
    Don't get too excited. There are still too many "ifs" and no guarantees.

  7. #7
    Join Date
    Jun 2014
    Posts
    2,990

    Default Re: Has My Time Run Out

    How old is your daughter ?

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