Visitor Question

Failure to diagnose bladder rupture…

Submitted By: Rose (North Port, FL)

I had a c-section three years ago. It was my third c-section, and the surgeon was aware of this. My bladder was ruptured during the c-section, but the surgeon failed to recognize the injury, so a second surgery was needed and a blood transfusion as well.

For around 30 hours, I was bleeding heavily through the catheter. Nurses kept saying it was a problem with the catheter, so they continued to irrigate it, which caused even more pain. For the entire night I kept telling them the pain was too much to handle, that something was wrong, but they ignored me, saying it was just normal pain for a c-section.

By the time they decided to do a test, I could hardly be touched from the pain.

Moving me to the tables to perform the test was like hell. I couldn’t breath from so much pain.

Now, three years later, I’m still feeling chills and pain. I have continuous urinary tract infections, and when feeling urgency to pee, I am in so much pain after only 10

minutes that I can hardly even walk. I am not able to work because ever since this happened I have been having severe pain down the right hand side of my body.

I met with an attorney who said I had no case, but I don’t understand this. How can the doctor be able to make an error like this that’s caused me such pain? It really seems like negligence on the part of the doctor and/or nurses. Is there anything I can do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Rose,

Unfortunately, the statute of limitations in the State of Florida for medical malpractice is two (2) years from the date the malpractice occurred, or from the time it should have been discovered.

The statute of limitations is the time period in which a person has to either settle his or her personal injury or med mal claim, or file a lawsuit. Once the statute of limitations periods expires, the victim loses his or her legal right to seek compensation from the negligent party.

In your case, your claim has exceeded the statute of limitations date. That is likely why you haven’t been successful in finding an attorney to accept your case.

A summary of the relevant statute and language is set out below.

Florida Revised Statutes – Section 95.11

Limitations…..

(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 6, 2014

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