How much time do I have to find out if broken pedicle screw from back fusion was faulty.

Bryan, TX Viewed 40 times. Posted 6 months ago in Personal Injury

I had a back fusion done in Aug of 2006. After surgery I constantly complained of pain and the surgeon sent me to therapy and pain management . Nothing was of any help so I decided I was just going to have to live with it. Recently I went back to my surgeon and we discovered that one of the pedicle screws in my back has broken. Do I have any time left to find out who may be at fault, or has my time elapsed , not sure what rights if any I have. I live in Texas, whats the Statue of Limitations for something like this ? Does the date begin from the time of surgery or when we discoverd it ? After the frist 6 months the exrays did not show there to be a problem.
Thanks ,Susan

Answers (3)

Clifford Douglas Gabel

This attorney is licensed in New York. Posted 6 months ago.

Your questions are very insightful and relevant. Time is a factor, but you may not be foreclosed from bringing an action for medical malpractice, or, possibly, for product liability. In Texas, while there's a two-year statute of limitations for medical malpractice, there's also a doctrine of delayed discovery, which could permit you to bring the action within two years of the discovery of the injury rather than two years from the surgery. The statute of limitations for product liability could be up to four years for breach of warranty. If you contact me, I can possibly recommend someone.

Check out the links as well. Good luck.

http://www.expertlaw.com/library/limitations_by_state/Texas.html

http://www.expertlaw.com/library/malpractice_by_state/Texas.html

Elizabeth Taylor Herd

This attorney is licensed in Florida and 1 other state. Posted 6 months ago.

I am not licensed in TX and feel that you should call a local lawyer right away to find out what the statutory limitation periods are. There are usually two periods. Usually there is a period of time that runs from the time that you knew or should have known that negligence had happened. And then there is an ultimate time period that runs from the negligent act and is not dependant on when you learned.

Good luck and do not delay.

Betsey Herd
Tampa, Florida

Lucas Gene Radney

This attorney is licensed in Texas. Posted 6 months ago.

I see you are in Bryan - I am a Texas lawyer and an Aggie, if that counts for anything with you. It is true that there are two dates to look at - when the negligent act or omission occurred and the date when you discovered or reasonably should have discovered the negligence. A medical malpractice claim has a two year statute of limitations in Texas. However, when the negligent act goes undiscovered for a period of time, the statute of limitations is tolled until you discover it, and then it starts to run. That's just for a medical malpractice claim - plus, with Texas' 2003 tort reform measures, it is tougher than ever to pursue a medical malpractice case here. Consult with a good medical malpractic attorney immediately. You might look in Houston as it's relatively close - try calling the Houston Trial Lawyer's Association for help.