Do I have grounds for filing suit for malpractice or negligence?

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Do I have grounds for filing suit for malpractice or negligence?

I had a biopsy performed in February 2018 that showed pieces of the placenta were left behind from my last cesarean that was performed in June 2013 almost 5 years ago. I’ve experienced pelvic pain ever since and heavy unusual bleeding and passed clots as big as my fist along with 2 periods a month or even up to 3 months no end in sight after the last cesarean. I was told that I needed a hysterectomy. That’s when the biopsy was performed and they found the leftover placenta. After the surgery hysterectomy I became sepsis. With 2 abscesses internal that formed on the left and right sides of the fallopian tubes that were left after surgery. Spent a week in the hospital on IV antibiotics, then sent home with oral antibiotics only to return to the emergency room 2 weeks later with no progress. So they then decided to hypodermically drain the 2 abscesses and required me to stay 14 days on IV antibiotics. I’m experiencing more pain than usual so I’ve gone back twice more was diagnosed with acute pain last week. The second time was last night where I was told that I have cysts that are supposedly causing the pain I’m experiencing now it’s been there for almost 5 years but is worse since surgery and that there’s nothing else they can do for me.

Asked on April 28, 2018 under Malpractice Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Unfortunately, you won't be able to file a lawsuit against the doctor who performed the caesarean because the statute of limitations has expired.
The statute of limitations in FL for filing a medical malpractice lawsuit is 2 years from when the patient knew or should have known that an injury occurred  and that it was likely due to medical malpractice.  
Although less than 2 years have elapsed since you discovered the medical negligence, the problem is that in Florida you can't sue for medical malpractice more than 4 years after the negligent medical incident occurred unless there was fraud, concealment, or misrepresentation by the medical provider.
Since you have had the problem for almost 5 years and there doesn't appear to be fraud, concealment or misrepresentation by the doctor who performed the caesarean, the statute of limitations has expired and your lawsuit is barred.  When a lawsuit has not been filed prior to the expiration of the statute of limitations, you have lost your rights forever in the matter.
 


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