It is likely that your husband's statute of limitations has expired. Depending on your state law, the time likely started running when he discovered it (3 year later, in 2003). However, it has now been 9 years since he found out and likely the time has expired. The Arkansas Code provides that medical malpractices suits must be brought within 2 years after the cause of action accrues. The Code then provides "The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. However, where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier." Arkansas Code Annotated Section 16-114-203. Another Section provides that all other actions which are not covered in other sections of the Code shall be commenced within five (5) years after the cause of action accrued. Arkansas Code Annotated Section 16-56-115. Thus, under al these scenarios it is likely that the limitations period has expired. However, you are encouraged to continue seeking the advice of attorneys in your local area who are more familiar with your local state laws. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Apr 04th, 2012 at 11:41 AM