ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

My aunt discovered that a sponge left in her during an operation years ago was the source of stomach trouble. May she still sue?

Like other personal injury cases, medical malpractice lawsuits are subject to specific statutes of limitations (discussed above). Until recently, your aunt's suit may have been thrown out of court. In many statutes, time limits on filing began when the injury occurred--on the day of the operation. To alleviate such a harsh and final result, many states today have altered their laws, and the clock for filing a case does not begin to tick until people discover that they have suffered an injury, or should have discovered it.