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.
If you have any further questions, please feel free to let me know…You can always ask for me in your question, “This question is for Law Pro . . (then on with your question) . . . .Please press the Accept Button(and the Smiley Face if prompted :) if I have helped you today so I am credited for my time assisting you.Pressing Accept does not cost you anymore, and only by you pressing accept am I compensated by JustAnswer for assisting you. Please don’t leave negative feedback, If something isn’t working let me know and I will continue working with you to resolve it! Positive Feedback and Bonuses are not expected, but are always appreciated!
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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).