The Texas Supreme Court said that a San Antonio woman could not sue her doctor over a surgical sponge left inside her body because she waited too long to file suit even though she could not have discovered the problem any sooner.
The court ruled 9-0 that the patient, Emmalene Rankin, ran afoul of the statute of repose, a tort reform law enacted in 2003 that strictly bans any medical malpractice lawsuit filed more than 10 years after surgery.