To be blunt, your query is somewhat confusing. I recommend you go sit down with a medical malpractice attorney and discuss your case. Don't go to some inexperienced lawyer who just wants to sue a doctor to make some money. Go to a qualified attorney who understands the legal requirements involved in a malpractice case. She or he will be able to suss out your presentation.
This advice being provided in no way represents the formation of a lawyer client relationship. This is advice only based on limited information. The advice seeker should seek an in-person meeting with a qualified attorney to discuss his or her issue.
I'm sorry to hear about this, and this happens a couple thousand times a year to people. If a surgical tool or instrument is left inside of you, it is malpractice.
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In Tennessee, these claims must be brought within 1 year of the discovery of malpractice (or within 1 year of when a reasonable person would have discovered the malpractice) and, in all cases, no later than 3 years from the date of the alleged medical malpractice. Also, due to recent "tort reform" legislation, you must give notice per the statutory requirements at least 60 days before filing a lawsuit and also have a qualifying standard of care expert give a written statement certifying the merit of your claim prior to filing.
You need to sit down with a local medical malpractice attorney ASAP if you think you might have interest in pursuing a case.
This answer is provided as a public service for informational purposes only and is not intended as legal advice. Providing this information does not create an attorney-client relationship nor is any information shared considered privileged or confidential. As with all legal matters, you should contact an experienced attorney and be aware that there are time limits for asserting potential claims.
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