Good Morning. I would like to start off with telling you my story.

In 2006, at 37 years old, I broke my back which required a 2 level spinal fusion surgery done through the abdomen. This major spinal surgery was done in early 2007. It took a full year to recover from this surgery. Throughout the next several years, I would have left sided pain. I would go to the ER and they would diagnose me with kidney stones, a virus or “unknown cause”. I was seen in the ER approximately 30 times for the same pain. On 9/11/2015, I again was back in the ER with the same familiar pain. Another CT scan was done. The ER doctor came in and said “We found something. It looks like a surgical tool was left inside you from a surgery.” It is a large surgical sponge. I went and got all my CT scan reports from over the years. There, in the reports, were “retained surgical swabs”, “radio dense material probably surgical gauze” in the reports. No one ever told me.

Channel 7 ABC News just did a story on me May 12th regarding this. Their I-Team investigated and it is reported that there are nearly 4000 cases per year of surgical tools left inside patients. Here is the link to the story: http://abc7chicago.com/health/hidden-agony-when-the-surgeon-leaves-something-inside-you/1336000/

My problem now is the Illinois Statute of Limitations has run out on my ability to hold the doctor accountable for this. I feel this is a grave injustice. I am now facing a major surgery (the sponge is against the iliac artery) and at my own expense. How is this fair? Why should the Statute of Limitations protect doctors who actually were negligent? Why should it matter WHEN we as victims, find out a doctor left something inside us? The doctors should be held accountable no matter what. Patients who truly did not know of their doctor’s medical negligence should have the right to use an exception or a “discovery rule”, to file a medical malpractice lawsuit after the expiration of the standard statute of limitations has expired.

I need your help in changing the Illinois Medical Malpractice Statute of Limitations Law. In Illinois, a medical malpractice case must be brought within 2 years of the date of malpractice or the date that you reasonably should have known of the malpractice. Under no circumstances can an action be brought more than 4 years after the occurrence. The states of Colorado and Connecticut have exceptions in their statute of limitations called the Discovery Rule, which explicitly state that claims for injuries relating to retained objects fall outside the statute of limitations. Illinois does not have such an exception. Illinois NEEDS one!

Please help me change this law so no one has to go through what I am going through.