Legal Question in Medical Malpractice in Tennessee
overdose of medicine resulting in brain damage
a man has to have surgery. dr. gives too much drug that puts you to sleep. he stays clinically dead for about 8 mins resulting in severe brain damage. wife agrees to settlement which is not even comparable to the gross malpractice. so she lives the next 30 years with limited funding and now faces the nursing home for her husband. is there any recourse???? pleading for hope,
concerned son.
2 Answers from Attorneys
Re: overdose of medicine resulting in brain damage
If she has settled and signed a Release of Claims, then the case is over. If this case has not been concluded, she needs to speak with her lawyer about this issue. If she is not represented, I will be happy to discuss this further with you or your Mom.
Re: overdose of medicine resulting in brain damage
The answer to this question probably rests on the issue of whether the case was truly settled as you say. If yes, the case is over. If your father was fully incompetent, then your mother probably had the legal authority to settle on his behalf and if she did, as I said, case over.
But if he was fully, mentally, incompetent and your mother nor any authorized person ever signed a release, there may be an argument that the cause of action still exists if your father never recovered from his disability. Obviously, after 30 years most evidence and witnesses are either going to be gone or difficult to find. A lawyer could probably answer you question with a 10 minute phone conversation with you and your mother. Please seek counsel.
Best of luck.
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