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This is reference to my husband. Several years ago close to 5yrs ago he was picked up and jailed in arkansas. Before he was taken to jail on a friday night, he informed the police that he would need his blood pressure medication, they told him they would not go pick it up. He stay in jail for 2 day witout medication. One the thrid day he received the medication and was released that same day. He went to his mothers house and had a stroke and anu. (blood clot in the brain). He was in a coma and was hosptialized. When he was released his mother cared for him. He had memory lost and is now disabled permaently due to this stroke and blood clot. For the longest he could remember this incident until he was stopped by the police for speeding and this old ticket from arkansas showed up(we live in Oklahoma). And he remembered what he was doing right before the stroke, being released from jail. He spoke to his mother who is in her late 70's informed him that he was just released. Although it has been over 3yrs. he didn't have his memory and all this can be proven. He is disabled for live possibly because he was without medication.
Yes, due to his brain clot causing memory loss until recently.
Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account. Or in your case, the loss of memory or amnesia of the event precludes one from knowing who, what, when, or how they were injured.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short.
But in your case I believe you are still within the statute of limitations if he would file within 2 years after realizing the what, when, who, and how of his injury.
It would appear clear that his action would still be within the statute of limitations.
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So, how long does the department have to give medication to inmates after it has been requested? and could not receiving this medication, that is live saving put liability on the agency?
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