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djohnson

Senior Member
What is the name of your state? Tennessee

I have a question for this area. A friend of mine had a baby a couple of years ago. She at no time breast fed or even attempted. As this was her second child she knew what to expect and a couple of weeks after the birth one breast started hurting painfully. She called her OBGYN and he asked her if she was breast feeding and she replied no. He told her not to worry about it was normal and to put ice on it. A couple days later it was getting unbearable and extremely hard. She again contacted the Dr and had the exact same discussion as before. She tried to explain it was not normal because she had a child before and he said all pre and post pregnancies were different and it would go away. The next day it was so bad she went to his office where he examined her and asked again if she was breastfeeding and she again said no and he said it was nothing to worry about. She asked why he kept asking about breastfeeding and he said just standard questions. This went on for a week of calling and going in with always the same answer, even calling the after hours number that night because it was so bad. She could not and had not been able to hold her son next to her for weeks and was in tears because of the pain. He again told her it was no big deal to take some aspirin and put some ice on it. The next day she went to a different Dr and when examined her breast it busted a whole out the side with green puss. He told her she had mastitos (spelling?) and put her in the hospital immediately right then where she was for two weeks on antibiotics. Then they had to slice her breast open to try and get it to drain. This still didn't help so for the next twelve months she had 15 surgeries to drain, remove milk ducts, drain etc. During none of this was she ever able to hold her child next to her like a normal mother. This new Dr told her if she would have came sooner and got on antibiotics this would never have happened. She told him about calling and going to his office and he was stunned. He said that it usually only happens when you breast feed but because it a bacterial it can happen other ways. After going through all these surgeries and stays in the hospitals and hospital bills and not being able to hold her child right she contacted an attorney and found he left the area and possibly in Florida. The problem in the office here only has a record of her calls not what was said and do not have her file at all and what is beleived to be his office in Florida doesn't have anything under that name and doesn't know what she is talking about. The attorney she contacted was going to take it on a contigency basis but she had to supply the medical record of which there is none. What can you do from here and is there a time limit it needs to be done in? Also just for your benefit, her breast is still not normal. It leaks at odd times has no ducts and the scaring is unbelievable.
 


ellencee

Senior Member
http://www.lasikcourt.com/resources/statutes/tennessee.htmlTennessee

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.
 

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