Had a hysterectomy 10 yrs ago & has had abdoinal pain since surgery during exploratory operation, discover surgical sponge from previous surgery was found to be the cause of the patient's pain.she has file malpractice lawsuit against original surgeon, but statute of limitations is two years in her state.
If a surgical technician incorrectly counts the number of surgical sponges that were given to the surgeon during an operation and, thus, causes an error to occur, who is liable?
state if this is a fact or opinion when your answer my question, please. Thank you.
whatrukidding
I think technically the statute is two years from the time you discover the problem. I would contact an attorney. As you may or may not know, most attorneys don't charge to represent you unless you win a case. Be sure to get a contract that says they will only collect a certain percentage. Read fine print, because a lot of attorneys say they want 1/3 of what you win, but they also add that they collect that PLUS COSTS. Costs can amount to your entire winnings. Be careful - attorneys can be dirty and rotten scoundrels, as bad as the doctor who left the sponge in you.
msbedouin
I would think that the 2 years starts from the date of discovery (the day they found the sponge).
"The period of time during which a medical malpractice suit must be filed usually begins with the date of harm. For instance, a person who suffers injuries as a result of medical malpractice has a certain time period - starting from the date of the injury - to file a medical malpractice suit against the other party. There are instances, however, in which an injury is not discovered for months or years after it occurs. In these cases, under medical malpractice law, the statute of limitations is applied when the injury is discovered or when the injury should have been discovered. For example, a patient who suffers an injury as a result of a medical instrument being left inside the body during surgery will have a certain period of time starting from the date the mistake was discovered. If the patient begins to experience pain a month later, seeks treatment, and the mistake is found, the statute of limitations will apply starting from the date the mistake was discovered. If the patient delays treatment for months after having the pain, the starting date of the statute of limitations will most likely apply to the point at which the patient first began having the pain, when the mistake should have been discovered."
Heinz M
Statute of limitation usually starts after discovery of problem, since you can't sue for something you are unaware of!
Grandma B
Extinuating circumstances regarding the discovery of the sponge may warrant your suit being filed now. Many people learned of Asbestos poisoning years later and won.
Seek a board certified Personal Injury lawyer. If you are in texas Call Law offices of Karen McRae.
BoredBookworm
First, regarding liability: it is enough that you can be sure it wasn't you, as you were unconscious. That might sound glib, but it is a rough description of the legal doctrine of "res ipsa loquitur" (roughly "the thing speaks for itself"), of which your circumstances are a classic example. Sponges don't appear in people, and you were in no position to "fall on a sponge" or anything, so the law will force the defendants to fight among themselves over which of them is liable in what proportion.
Second, regarding statute of limitations: this will be entirely dependent on the law in your local jurisdiction (State law, if you're in the US). Although the negligent act itself may have been many years ago, and therefore outside the normal SOL for negligence suits, the fact that the negligent act has only recently been discovered may serve (depending on your jurisdiction's law) to start the SOL running at that time, the time of discovery, rather than at the time of the act itself. That is not an uncommon rule in situations like yours.
You should immediately seek the counsel of a locally licensed attorney specializing in representing plaintiffs in medical malpractice cases. If you would like help locating one, your local or state bar association almost certainly runs a free referral service that is out there waiting to help you. Good luck, and be well.
Orignal From: Tips: HAD HYSTERECTOMY 10 YRS AGO HAD PAIN & DISCOVERY SPONGE LEFT INSIDE CAN i PURSUE LAWSUIT?STATUE OF LIMITATION?
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