The Texas Supreme Court has recently denied a medical malpractice victim the right to bring suit because the 10 year statute of limitations expired before her surgical error was discovered. The court chose to uphold the statute of limitations despite the fact that the victim had not become aware of the medical error until after this time period lapsed.
The court stated that ten years should be sufficient time to bring a medical malpractice suit, adding that the law was intended to help keep malpractice insurance rates reasonable for doctors. However, their ruling did not acknowledge that some medical errors may take longer than 10 years to become apparent and that in these situations, victims are being denied the compensation they rightfully deserve.
The case in question involved a woman named Emmalene Rankin. In 2006, she began experiencing abdominal pain. When she sought treatment for her pain, doctors discovered that a sponge was left inside her during a hysterectomy performed in 1995. Since the error had occurred more than 10 years ago, Ms. Rankin has been unfairly denied compensation for her injuries and her physician will not be held accountable for his negligent actions. It seems that the Texas Supreme Court got it wrong on this occasion.
It is important to consult an experienced medical malpractice attorney if you have been injured as a result of a medical professional’s negligence. You may be entitled to receive compensation for your damages provided the statute of limitations has not expired.
If you have a medical malpractice claim in the Dallas, Texas area, please contact the lawyers at Polewski & Associates today to schedule your free initial consultation.
Written by Andrew Martin: professional blogger and guru of misfortune.
