Stich left in bladder caused bladder stones. Can I still file a lawsuit even though the statute of limitations has expired?

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Question:

I had surgery back in 2006. My doctor did a hysterectomy and bladder suspension, since then i have had pain and discomfort. I went back to the doctor who did it and after running several tests she said I have IC which is inflammation of the bladder and put me on a strict diet and gave me expensive medicine that over time is supposed to help.

Well I kept going back to the doctor complaining of pain, burning, spasms and she just kept adding different medicines. Finally after bleeding more and more I went to an urologist. He performed a scope in the office and said I had a bladder stone. He said It's unusual for a women to have bladder stones that usually if they do it’s because a staple or stitch invades the bladder and a stone forms.

He scheduled surgery.

He did a cystoscope and found large stone and under it was a stitch. He was able to remove most of the stitch and only a fragment remains which he HOPES will retract otherwise he'll have to do another surgery. Open surgery. I have been back to my OB-Gyn numerous times complaining of pain.

Since it was just discovered that it was a stitch that caused all these problems does the statue of limitations apply? Can I still file a medical malpractice lawsuit for the staple left in my bladder and all this trouble?

Answer:

Yes, in most cases of medical malpractice involving foreign objects left in a surgical patient, the statute of limitation expressly allows for the suit to be brought many years after the initial medical treatment.

In most cases, the time limit begins upon your "discovering" the medical negligence. IN this case, you could not have known your injury was caused by medical negligence until having had the cytoscope procedure done.

You should talk to a medical malpractice lawyer about the merits of your case.

Good Luck.

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