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Do I Have A Med Mal Case In Tn? Initial Surgery 7/2010 Removal Of Kidney Due To Cancer, Spotless Xray Prior To Surgery,

Murfreesboro, TN |

Then Ct Scan After Surgery Shows 15 Mm Pin Like Density Foreign Object (AKA Clip Pin) Left Inside,Caused Peritonitis,Had 2nd Emergency Surgery Within The Following 24Hrs, The Dr's Lied&Didnt Mention The Pin Left Inside,Instead Said They Believed I Had A Bowel Obstruction&Asked For Permission To Go Back Inside,Also Telling Me I Would Likely Wake Up With A Colostomy Bag I Went From Having 1 Dr To Being Surrounded By Him,2 addl Dr's &Hospital Admin&Staff &the 3 Dr's Are Now Involved In The 2nd Surgery Have All Evidence,Test Results,Scans,Dr Reports, Etc&They All Contradicted Themselves&eachother in reports.Now,Over 2Yrs Later,I Have A Great Dr To Remove A Troubled Gallbladder&Aware Of My History He Becomes Extremely Disgusted in operation (3rd operation 10/2012) Due To Amt Of damage/Adhesions

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Attorney answers 3


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.



Thank you, especially with the particuliar practice field you specialize in, your meer response is more than appreciated! I was afraid my query would be confusing, as there are a limited amount of characters allowed & the story, to make it clear & complete, is very hard to translate. If only I had just a tad more space. I had to edit & re-edit just to assure all of the facts were included, even leaving out punctuations. But again, I thank you and just a friendly FYI..I am not the type to try and sue a Dr. at the drop of a hat. I'm really doing this for 2 reasons: 1) The Dr's doing the 2nd, emergency surgery lied to me about the reason to open me back up and tried to cover up. 2) Another Dr & some research has told me that this will likely affect me the rest of my life and may call for addl surgeries, plus I risk having a bowel obstruction simply due to the amount of damage in the 1st surgery, due to adhesions caused by the clip pin left inside, tearing my internal organs/tissues with every move/breath I made. The recovery has been debilitating and still continues and assisted in my being placed on disability also. Have a blessed week & HAPPY HOLIDAYS!


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.

Only 29% Contingency Fee! Phone: 215-510-6755


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.

Best wishes.

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.



Yes, I am scheduled on Monday to speak with someone local. However, I am quite scared about the limited time frame & I'm certain that I should likely still call every one that handles these cases (around here, anyway) and continue to schedule as many appt's as possible just in case, wouldn't this be the best thing to do? In addition, would it be better to hire..or rather try to get one of the malpractice atty's that have medical staff on board in this case? Simply because of the time crunch....can't they look over the files & testify? If not, unless the Dr. has already got cold feet...there is a local Dr that was on my side, a general surgeon, who had a lot of trouble removing my gallbladder...he said (during my surgery & to my husband) that he was so extremely outraged that these Dr's caused all of this and tried covering it up, but did a poor job of it... the reports contradict themselves and one another. But he said the photos he was taking because they shouldn't get by with this and we deserved them. But now, when we call him to get the photos, the calls are not returned. I'm afraid that he has backed out now that he's had time to cool off & think. The Gen Surgeon I am talking about works in the same Hospital this awful surgery took place in and works directly across the hall from one of the participating Dr's! I'm sure that it would be a simple math of 2+2, if those photos were displayed in Court or to anyone on the opposing side, which wouldn't take much after that to figure out where those pictures came from. I wouldn't want him losing his job...well...his entire carreer over some photos. Can't he be subpeone'd to court though...or am I remembering the law correctly that Dr's cannot be subpeoned in TN? I really appreciate your posting, especially because I new there was a recent law passed in regards to that new 60 day stat., I watch our legislation pretty regular & I couldn't remember exactly what the details were on that, again, thank you!! But, it is so unfair of them to do such a thing. They should focus on laws that keep others that are just trying to sue for the pettiest of things, trying to get rich type things...but not for cases like mine! I am doing it because those Dr's were way wrong, & careless, they lied in order to open me back up the 2nd time or I would have most likely not even thought of a lawsuit, I can understand that everyone can make mistakes. HOWEVER, I will now pay, in pain that is very possible to affect the rest of my life (those words came from my Gen. Surgeon) because adhesions, aka scar tissue will always grow back, even though my last Surgeon did his best to carefully remove as much as he could to try and prevent the regrowth & lower my chances for a REAL bowel obstruction, or at the very least, keep me out of as much pain as he could with the removal but he also said, there is a chance that I may have to come back to have surgeries to remove these adhesion every 4/5 years, maybe. It is also affecting our family ability to ever be the same person I was prior to this event, because when you experience pain constantly, the majority of the wear's you down, it is challenging at times, and often your age feels as if it jumped a decade at minimum. WOW, I apologize for the length here, it's hard not to vent about this when I get the chance though because there are so many others that just don't get it! Thanks for listening, and again....THANK YOU very much for your reply! Have a wonderful Holiday!!

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