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Lucy, Esq.
Lucy, Esq., Attorney
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My husband died 2/04/2009 due to being given the wrong blood

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My husband died 2/04/2009 due to being given the wrong blood type. He was a 68 yr. cancer survivor, who acted 50 yr. Worked daily. Had a 16 yr. old daughter. Was vivacious and full of life. He had antibodies in his blood due to the cancer. His blood type was b negative incompatible type. He was give b negative. The doc had signed off for the evening stating that my husband had responded well and should be fine, after several pints of blood had returned my husband to a normal state. He was scheduled for surgery the next morning to repair the aorta. When the last pint of blood was brought in, a nurse and a supervisor stood over my husband arguing about the blood type written on the bag of blood. The nurse kept insisting it was b negative only. The supervisor insisted upon giving it too my husband anyway. I did not realize the significant of the issue until days later. The nurse knew it was the wrong blood and the supervisor was too lazy to send for the correct b negative non compatible. Is it too late to file a lawsuit at this late date. It has been 4 yrs. and 7 mos. since his death.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I am very sorry for your loss.

Unfortunately, the statute of limitations for medical malpractice is only two years in Arkansas. If this happened in 2010, the case cannot be filed now. Arksansas Code, Section 16-114-203.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Satisfied Customers: 21095
Experience: JA Mentor
Lucy, Esq. and 9 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.


I have never talk with the hospital or accused them of wrong doing. I did not realize what had happened until a later date. He did die within about 30 min. of the transfusion with the symptoms that the dr. had warned me to watch for during the first transfusion. The doc told me if his body was going to reject the incompatible blood it would happen shortly after the 1st transfusion. When he received the last transfusion (b negative instead of b negative incompatible) he died shortly after the transfusion began. So if one did not know there was an error until a later realization, does the statue still apply?

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