Court: Woman can't sue doctors who left sponge inside of her - Sitcoms Online Message Boards

catlover79 · 03-19-2010, 11:35 PM

http://www.kvue.com/news/state/Court...-88566562.html

by CHRIS SADEGHI / KENS.com

Posted on March 19, 2010 at 11:44 AM

Updated today at 11:44 AM

******

SAN ANTONIO -- Emmalene Rankin remembers the exact dates of her pains, her surgeries, and how long it took to recuperate. And she still remembers her shock when the doctor came back with the X-rays taken in July 2006.

“He said, ‘Mrs. Rankin, you have a sponge in you,’ and I said, ‘You have to be kidding,’” Rankin recalled.

The surgical sponge was left inside Rankin’s body after a hysterectomy in 1995 and became the root of abdominal pain and possibly other infections in the years before it was discovered.

However, under Texas statute, lawsuits cannot be filed for injuries and medical errors more than 10 years old.

Rankin’s surgery to remove the sponge was performed 10 years and eight months after the mistake.

“It is not fair. That is the worst surgery I had to recuperate from in my life,” Rankin said.

Her attorney, Carl Robin Teague, believes although the statute has a clear time limit, it was designed for circumstances when someone knows they have been injured.

That does not apply to Rankin.

“We think it is unfair a person is unable to make a recovery under these circumstances.” Teague said.

But last week, the Texas Supreme Court ruled unanimously to uphold the statute, which leaves the 75-year-old Rankin paying for the mistake physically and financially.

Rankin and Teague say they will file a motion for rehearing, but are not optimistic it will change the court’s mind.

catlover79 · 03-20-2010, 01:00 AM

Yet another American getting screwed by the system. Since when should there be a statute of limitations on things like this??

TripperFan · 03-20-2010, 07:09 AM

DAMN! I'll bet she's thirsty all the time!!

catlover79 · 03-20-2010, 10:52 AM

Quote:

Originally Posted by Pus$y Galore

DAMN! I'll bet she's thirsty all the time!!

*rim shot* *groan*

Marvo301 · 03-20-2010, 04:39 PM

Quote:

Originally Posted by catlover79

Yet another American getting screwed by the system. Since when should there be a statute of limitations on things like this??

There should not be any statue of limitations on doctor errors!

catlover79 · 03-20-2010, 07:22 PM

Quote:

Originally Posted by Marvo301

There should not be any statue of limitations on doctor errors!

Exactly!! I mean, THEY are the ones who screwed up, and she suffered for YEARS because of it.

Marvo301 · 03-20-2010, 07:32 PM

Quote:

Originally Posted by catlover79

Exactly!! I mean, THEY are the ones who screwed up, and she suffered for YEARS because of it.

It's completely unfair that this lady has had to suffer for years because of someone else's mistake. And it is also unfair that those who made the mistake face no consequences because of a technicality.

LuLu Rogers · 03-20-2010, 10:47 PM

It is Horrible, Horrible what this woman has gone through, but I also look at the surgeon's perspective.

What they did was inexcusable, but, we are all human and we all make mistakes. Sometimes they get in a hurry and forget to check the body cavity before they close the patient. It's a horrible thing to happen to someone and I understand her anger, but I do feel some sympathy toward the surgeon for that very reason. I'm sure they had no intention of leaving the sponge inside her body, but because of human error, these things occasionally happen.

TripperFan · 03-22-2010, 11:41 AM

ATTENTION ALL OPERATING ROOM STAFF - HOLD ON TO YOUR JUNIOR MINTS AT ALL TIMES!

Seriously tho - you wouldn't believe what gets left in some people. A few years ago I saw something on 20/20 or 60 minutes or something like that and not only where sponges left in, some people had surgical scissors, scalpels, and one poor guy had a huge (2 foot) steel rod left in him!! Now hell the hell does anyone miss THAT?!

Maybe this explains where that single sock goes....

Tubehead · 03-24-2010, 12:32 AM

sounds werid. i had to have two tubestaking out. they got two metal tube then took them out put plastic tube in my ear it made a whole inmy ear. the doctors fixed the whloe in my ear.

03-19-2010, 11:35 PM	#1
catlover79 God Bless Val Forum Addict Join Date: May 29, 2006 Location: Bewitched in Ohio Posts: 70,392	Court: Woman can't sue doctors who left sponge inside of her http://www.kvue.com/news/state/Court...-88566562.html by CHRIS SADEGHI / KENS.com Posted on March 19, 2010 at 11:44 AM Updated today at 11:44 AM ****** SAN ANTONIO -- Emmalene Rankin remembers the exact dates of her pains, her surgeries, and how long it took to recuperate. And she still remembers her shock when the doctor came back with the X-rays taken in July 2006. “He said, ‘Mrs. Rankin, you have a sponge in you,’ and I said, ‘You have to be kidding,’” Rankin recalled. The surgical sponge was left inside Rankin’s body after a hysterectomy in 1995 and became the root of abdominal pain and possibly other infections in the years before it was discovered. However, under Texas statute, lawsuits cannot be filed for injuries and medical errors more than 10 years old. Rankin’s surgery to remove the sponge was performed 10 years and eight months after the mistake. “It is not fair. That is the worst surgery I had to recuperate from in my life,” Rankin said. Her attorney, Carl Robin Teague, believes although the statute has a clear time limit, it was designed for circumstances when someone knows they have been injured. That does not apply to Rankin. “We think it is unfair a person is unable to make a recovery under these circumstances.” Teague said. But last week, the Texas Supreme Court ruled unanimously to uphold the statute, which leaves the 75-year-old Rankin paying for the mistake physically and financially. Rankin and Teague say they will file a motion for rehearing, but are not optimistic it will change the court’s mind.
	__________________ "Jesus loves you and He approves this message." "I'm alive. I'm feeling good. I'm trying to live every moment as much as I can." - Valerie Harper, March 2013

03-20-2010, 07:09 AM	#3
TripperFan In God's Arms Now Forum Star Join Date: Sep 14, 2003 Location: Heartbreak Ridge Posts: 12,086	DAMN! I'll bet she's thirsty all the time!!
	__________________ If I don't see you in this world, I'll meet you in the next one.....don't be late James Marshall Hendrix Voodoo Chile The Forum Legend formerly known as TripperFan "religion is for people who are afraid of hell--spirituality is for people who have been through hell"---anonymous

03-20-2010, 10:47 PM	#8
LuLu Rogers Colonel Brandon Forum Fanatic Join Date: Mar 23, 2004 Location: The Hogwarts Dungeons Posts: 11,013	It is Horrible, Horrible what this woman has gone through, but I also look at the surgeon's perspective. What they did was inexcusable, but, we are all human and we all make mistakes. Sometimes they get in a hurry and forget to check the body cavity before they close the patient. It's a horrible thing to happen to someone and I understand her anger, but I do feel some sympathy toward the surgeon for that very reason. I'm sure they had no intention of leaving the sponge inside her body, but because of human error, these things occasionally happen.
	__________________ -Lauren- "I can teach you how to bewitch the mind and ensnare the senses. I can tell you how to bottle fame, brew glory, and even put a stopper in death."-Professor Severus Snape

03-20-2010, 01:00 AM	#2
catlover79 God Bless Val Forum Addict Join Date: May 29, 2006 Location: Bewitched in Ohio Posts: 70,392	Yet another American getting screwed by the system. Since when should there be a statute of limitations on things like this??

03-22-2010, 11:41 AM	#9
TripperFan In God's Arms Now Forum Star Join Date: Sep 14, 2003 Location: Heartbreak Ridge Posts: 12,086	ATTENTION ALL OPERATING ROOM STAFF - HOLD ON TO YOUR JUNIOR MINTS AT ALL TIMES! Seriously tho - you wouldn't believe what gets left in some people. A few years ago I saw something on 20/20 or 60 minutes or something like that and not only where sponges left in, some people had surgical scissors, scalpels, and one poor guy had a huge (2 foot) steel rod left in him!! Now hell the hell does anyone miss THAT?! Maybe this explains where that single sock goes....

03-24-2010, 12:32 AM	#10
Tubehead Member Forum Veteran Join Date: Feb 12, 2007 Location: chattanooga.tn Posts: 5,139	sounds werid. i had to have two tubestaking out. they got two metal tube then took them out put plastic tube in my ear it made a whole inmy ear. the doctors fixed the whloe in my ear.