Do I have a case if I was told I had a total hysterectomy 8 years ago but just found out my cervix is still there so I will need additional surgery?

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Do I have a case if I was told I had a total hysterectomy 8 years ago but just found out my cervix is still there so I will need additional surgery?

This is after a year of seeing several doctors because no one knew why I was bleeding vaginally.

Asked on December 16, 2014 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may have a case, in the sense that there may be a liability: leaving the cervix in while doing a total hysterectomy, especially if it leads to frequent or common bleeding, is likely negligent, or unreasonably careless.

However, you need to contend with the statute of limitations, or the time period within which you may bring a lawsuit. In your state, the statute is 3 years from the injury or 1 year from when the injury is discovered or reasonably should have been discovered. Since the procedure was 8 years ago, you need to rely on the discovery-related time frame. You write that that have been seeing doctors about this for a year, but "just found out" that your cervix is still there. IF the doctors should have made the diagnosis when you first started seeing them, then you might be running out of time (or already be out of time depending on the exact time frame). You should therefore consult with a medical malpractice attorney *immediately*, before anymore time goes past, to discuss the situation and whether you have a case--and, if appropriate, to get if filed before you run out of time.


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