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You may very well have a claim for medical malpractice (medical negligence). "Negligence" is defined as failure to use ordinary care, that is, failing to do that which a physician, hospital or person of ordinary prudence would have done under the same or similar circumstances or doing that which a physician, hospital or person of ordinary prudence would not have done under the same or similar circumstances. Expert testimony is necessary to establish negligence. In addition to negligence, a plaintiff must prove a causal connection between the healthcare provider's negligence and the harm suffered by the patient. This means that the negligent act of the healthcare provider must be directly related to the harm suffered by the patient. In this case, expert testimony would have to come from another doctor or doctors familiar with the device and procedure who could state that the doctor should have removed the tvt sling and that normal procedure is to remove it.
You'd also need to be able to prove that the additional procedures, pain and suffering, and complications you've suffered were a direct result of this doctor's acts. In other words, if there was some unrelated medical condition that caused the issues you are having, then there would be no causal connection, and because it could not be proven, a claim for malpractice would not be successful.
While damages are also a necessary element of any negligence claim, you certainly appear to meet that with pain and suffering, medical expenses, and lost wages.
Lastly, you have to look at the statute of limitations, or time in which you can file a claim. Under Texas law, a health care liability claim must be commenced within two years from the occurrence of the breach or tort or from the completion of treatment or hospitalization. Tex. Civ. Prac. & Rem. Code. § 74.251(a) (Westlaw 2007). Only if the actual date of the tort cannot be ascertained should time be measured from the last date of a course of treatment. Shah v. Moss, 67 S.W.3d 836, 841 (Tex. 2001). My concern would be that the doctor may argue the claim arose in 2013, when you went to have it removed due to all of the pain you had been having, so that even though you are still undergoing treatment, the claim should be barred. That's something you should discuss with an attorney in your area though, because I think you could counter that really the problems began sometime between 2007 and 2013, but because there is no exact date to be determined, and because you are still undergoing treatment, there is no statute of limitations issue.
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