Limitations Period In Surgery Malpractice Cases

When does statute of limitations start running in surgery malpractice cases ? In Melendez v. Beal, 683 S.W.2d 869, 873 (Tex.App.--Houston [1st Dist.] 1984, no writ), we held that it would be unfair for the limitations period to begin running in 1968, the date on which the original surgery was performed that resulted in a sponge being left in appellant's abdomen. Id. To require Melendez to bring suit within two years of the surgery would mean patients would have to have x-rays and tests done within two years of any surgery to be sure their doctor had not been negligent. Id.