If Over Medicated, and Caused Temp mental disablement, patient was unable to comprehend what was happening to her? SOL NY Toll?
April 23, 2014
If a patient who was admitted for a acute incident, was then heavily drugged, and discharged on these drugs, forced to go to a out patient for medication management, (diff hosp) and they did not agree with inpatient, but did with me when I said "These drugs are too much, I do not want to be on them, I can not think!" So through out out patient of 3 years, they "slowly" weaned me off" all the drugs I was discharged on, around 2012 things started becoming clearer to what had happened to me and why, but now I am told I am passed the SOL in NY to do anything about it. I have suffered physical injury due to "other" Treatments that were given on top of the cocktails of numerous medications. All put on for a mental illness that has now been PROVEN by out patient, that I never had, nor have now!
If a psychiatrist is willing to sign an affidavit that you were incapable of managing your affairs for a continuous period due to a diagnosed mental disablity, the court may "toll the statute" i.e. excuse the delay in filing suit, and you would not be too late to sue. It's very fact-based, so if you have documentation of a mental illness (such as a psychiatric report or discharge papers), bring it to a lawyer if you want them to pursue your case. Best of luck.
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