Legal Question in Medical Malpractice in Tennessee

Re: Object Left in me

If the metal object was negligently left inside you the answer to your question is probably that you have one year from the date you discovered it or should have discovered it to file suit. I have to say "probably" because there are a number of issues we would need to address before giving a definitive answer. I am attaching one, but perhaps not the only, relevant statute. As you can see the statute specifically addresses foreign objects left in the body. There are many exceptions and tricky complications to this and you will need to speak to a knowledgable attorney in your area to address these complexities, but the statute provides in part as follows:

(a)(1) The statute of limitations in malpractice actions shall be one (1) year as set forth in � 28-3-104.

(2) In the event the alleged injury is not discovered within such one (1) year period, the period of limitation shall be one (1) year from the date of such discovery.

(3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.

(4) The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.

We can not provide legal advice on this forum and this information is provided to give you a starting point but please do not rely on this post to fully answer your question. You should seriously consider speaking with an attorney very soon. Please feel free to call me or any attorney in my office to discuss this further 901.527.9600