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This is reference to my husband. Several years ago close to

Hi Tina, This is reference to...

Hi Tina,


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.

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Answered in 47 minutes by:
3/1/2013
Law Pro
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Category: Criminal Law
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Hi. Thank you for using JustAnswer. My name is XXXXX XXXXX I’m going to assist you today.

So you are asking if he and you still have a cause of action or can file suit after this 5 years?
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Customer reply replied 4 years ago

Yes, due to his brain clot causing memory loss until recently.

Generally one must file suit within the statute of limitations.

A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

The time limitation for medical malpractice in OK is 2 years.

However, the statute of limitations can be extended at times because of the "discovery rule".


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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Customer reply replied 4 years ago


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?

Generally, inmates have to be given any and all necessary and prescribed medicine the entire time they are incarcerated - it's the duty and obligation of the governmental agency to do such.

When someone it originally arrested and confined - it's their duty and obligation to inform the arresting officers of his medical condition and need for medication.

The requirement is determined based on the "totality of the circumstances" if the arresting officers were negligent, the situation, their knowledge, did they contact paramedics or ask a medical expert about the situation, etc.

So there are no hard and fast rules, but if he told them and they didn't act - then a jury could find them liable for his injuries. It would be a jury question and decision based on the "totality of the circumstances".



If you have any further questions, please feel free to let me know…

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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.

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