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?

UPDATED: Dec 16, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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