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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2677
Experience:  personal injury and medical malpractice attorney
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In 2006 I had a hernia repair that caused MANY issues for

Customer Question

In 2006 I had a hernia repair that caused MANY issues for the last 9 years. In Oct. 2015 I had a final surgery that removed the infectious stitches that was causing me problems health wise and that I missed out on work for months over the the last 3 years. Is there ANY way to get some kind of pain and suffering compensation for this issue to help pay my ongoing back medical bills.
Submitted: 3 months ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 3 months ago.

My name is***** and I will be helping you today. Thank you for your question. Let me get you an answer to your question shortly.

Expert:  Christopher B, Esq replied 3 months ago.

If you were injured due to medical malpractice in the state of Tennessee, claims for damages must be filed within one year of the date of the injury or the discovery of the injury; but no later than three years from the date the negligent act occurred. An exception to that rule applies to claims arising from a foreign object left within a patient's body, in which case the action must be commenced within one year after the injury is or reasonably should have been discovered by the patient. Most likely, since you have had "many issues for the last 9 years", the Court would find that you should have known about the issue and the statute of limitations would have expired unfortunately. Normally the foreign objects exception is limited to things such as mesh or an artificial hip relating to products liability claims, but it could be argued that the stitches are a foreign body. I would say that it is unlikely that you would be able to have a claim for medical negligence, but it COULD be possible if the stitches were the problem and they are considered a foreign object. If you are having problems retaining an attorney it could be due to the statute of limitations(SOL) issue as well as the expense of medical malpractice cases. You will have to retain an expert physician who are VERY expensive to support your case as well as all the time and filing fees. If this were within the SOL then you would have to prove that the medical care given was below the standard of care AND you were damages from it (usually you can recover any fees even if paid by insurance, pain and suffering and possibly punitive damages (punishment)). IT can be VERY difficult to file a claim such as this especially if it occurred in 2006.

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Expert:  Christopher B, Esq replied 3 months ago.

Just checking back in, do you have any further questions?

Customer: replied 3 months ago.
What if I didn't know the stitches were the problem until October of 2015 when a surgeon finally took a chance and explored my problem/infected area? I had went to my primary care physician and the ER multiple times and they did CT scans and just prescribed antibiotics and sent me on my way, and this cycle went on for years.
Expert:  Christopher B, Esq replied 3 months ago.

That would be your best argument and argue that these stitches are considered a foreign object which would not be subject to the 3 years statute of limitations (SOL). Proving that this was a foreign object would then allow you to extend the SOL to when you could or should have known that there was a problem (October 2015). You would then need to file before October 2016 (exact date if possible). Understand this will be difficult and an uphill battle and you will need to show that you could have not known of this problem until October 2015 AND the stitches are considered a foreign object. I'm assuming these stitches are internal and if so you would have a decent to good argument that they are. Again you will need to retain an expert physician to support your case which can be quite expensive. You will also need to re

Expert:  Christopher B, Esq replied 3 months ago.

request ALL medical records for the care related to the injury and the billing. You will be able to have these amounts reimbursed if your suit is successful (even if paid by insurance although the insurance will probably assert a lien against your successful claim). This is all very complicated but with good documentation in the medical records and good expert testimony it is possible to prove your case.