But what about cases in which an injury is not reasonably discoverable, such as a latent injury like having a surgical sponge left inside a patient and the patient has no way of knowing that he or she has been “damaged” until after symptoms appear, say, 5 or 6 years later? Well, the law allows an injured person to still bring a claim . . . to a point. That endpoint in Nebraska is ten years. This portion of a law is known as a “statute of repose.”

Here is Neb. Rev. Stat. 25-222:

25-222. Actions on professional negligence.

Any action to recover damages based on alleged professional negligence or upon alleged breach of warranty in rendering or failure to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failure to render professional services providing the basis for such action; Provided, if the cause of action is not discovered and could not be reasonably discovered within such two-year period, then the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; and provided further, that in no event may any action be commenced to recover damages for professional negligence or breach of warranty in rendering or failure to render professional services more than ten years after the date of rendering or failure to render such professional service which provides the basis for the cause of action.

Last Friday, the Texas Supreme Court ruled on their 10 year statute of repose in a sponge case strictly upholding the ten year time limit.

If you have questions about medical malpractice time limits in Nebraska, call the Keating, O’Gara Law Firm at 888/234-0621 or fill out the contact form on this website.

She was a courageous, principled, and loving wife, mother, minister, and friend.

May God rest her soul.

Woman’s spirit stilled by disease
By Erin Grace
Omaha World Herald
Published Thursday October 22, 2009

In this October 2007 photo, Mary Anaya is surrounded by her children. She holds son Joel, 6 weeks old at the time. Anaya, co-founder of Omaha’s largest food pantry, died Wednesday of lung cancer, an extremely rare diagnosis during pregnancy.

Mary Anaya fed the hungry and clothed the naked, all the while mothering 10 children, plus the one growing in her womb. But she died early Wednesday at age 42, leaving behind her family and a long record of loving her neighbor as herself.

Though diagnosed with late-stage lung cancer early in her pregnancy, she tried to continue her work with the food pantry she co-founded, Mission for All Nations. It is the largest food pantry in a 93-county area of Nebraska and Iowa.

But she died early Wednesday at age 42, leaving behind her family and a long record of loving her neighbor as herself.

Anaya died after midnight at Bergan Mercy Medical Center, said the pantry’s board president, David Philson, who is serving as a family spokesman. So did the 19-week-old fetus due in March whom she carried.

A funeral service will be at 9 a.m. Saturday at Glad Tidings Church, 7415 Hickory St.

Anaya lived a rare life through her service, her large family and, in her final months, trying to bear new life while confronting her impending death.

“Mary just was the organization,” said Michelle Moyes Dill, executive director of Together Inc., a nonprofit that distributes food and clothes. “You said, ‘Mary Anaya,’ and everybody knew it was Mission for All Nations. She gave everything she had. I think (she and husband Josue) would have given the last box of food out of their home cupboard to help somebody.”

Anaya, who had no cancer history and was not a smoker, went to see a doctor Aug. 21 when she was having difficulty breathing. She was hospitalized for fluid buildup on her lungs. She then was diagnosed with advanced lung cancer.

Lung cancer kills more Americans than colon, breast and prostate cancer combined, according to the American Lung Association, and it does so quickly.

Cancer during pregnancy is not unheard of — about 1 in 1,000 pregnancies coincides with a mother’s diagnosis of cancer, according to the Houston-based M.D. Anderson Cancer Center.

But a lung cancer diagnosis is “extremely rare” during pregnancy, said Dr. Kirsten Leu, an Omaha-based medical oncologist at Nebraska Cancer Specialists. Leu said the most commonly diagnosed cancer during pregnancy is breast cancer, followed by cervical cancer and types of lymphoma.

Depending on the type and timing of diagnosis, one can be treated for cancer while pregnant, said Leu, who did not know or treat Anaya. Radiation therapy can harm a fetus, but some types of chemotherapy can be relatively safe in the second and third trimesters.

Anaya, in her first trimester when diagnosed with cancer, was told that the disease was too advanced for treatment options, said her brother, Daniel Mills.

Because the couple had no health insurance, Mission for All Nations directed that anyone wishing to donate to her expenses could do so through two funds.

A posting signed by the couple on the pantry’s Web site read: “I have been overwhelmed by the outpouring of prayers and the financial support for our mounting medical bills.”

Anaya was born in Clarinda, Iowa, and obtained a bachelor’s degree in education at the University of Iowa. She met her husband in Iowa City, and the couple were married in 1986. They have seven sons and three daughters. Their children range in age from 22 to 2.

The Anayas informally started Mission for All Nations in 2002. The couple, ordained ministers who are fluent in English and Spanish, had started a church in 1999 in south Omaha. But they were constantly helping visitors with clothes and food.

“The ministry grew more into a pantry than a church,” Mary Anaya told The World-Herald in 2004. “We realized that what was needed in this community maybe wasn’t what we originally thought. We changed gears.”

The organization incorporated in 2003 and quickly grew to encompass three buildings in the 21st and Q Streets area.

From January through the end of September, the Omaha Food Bank distributed almost 278,000 pounds of food to Mission for All Nations. That represents about a quarter of the 1.16 million pounds of food the food bank distributed to 55 agencies in Douglas County during that time.

Unlike most food pantries, which limit visits to several times a year, Mission for All Nations had an open-door policy for the needy, as long as they volunteered.

It also ran a Christmas program that provided families with toys, stocking stuffers, wrapping paper, gifts for parents and a turkey or ham.

The Anayas’ religious convictions drove their service work and family life, though twice that put them at odds with the State of Nebraska over state-mandated metabolic testing on newborns.

In 2003 and 2007 the Anayas protested having their newborns undergo the test, which involves pricking an infant’s heel for blood. The Nebraska Supreme Court last year upheld the mandatory testing law but said a lower court acted improperly in removing the Anayas’ youngest child from the home temporarily in 2007 over the issue.

Philson, the pantry board president, said Anaya’s death is a terrible loss. He said the organization remains committed to keeping the pantry open.

“We’re doing everything we can to support (the Anayas),” he said. “The mission will be fine.”

God bless Josue and the Anaya children.

Lincoln Police Capt. Jon Sundermeier said bank tellers and cashiers are more likely than average citizens to witness a crime at some point. People with those jobs especially, he said, should be prepared. Still, average citizens could also benefit from a lesson on being good witnesses. A few tips:

– Physical descriptions like height, weight, hair color and eye color of the suspect are helpful to police. In particular, look for and take note of identifying marks like tattoos and deformities.
– Clothing descriptions can be helpful, especially right after a crime is committed. Also, remember if the suspect’s clothing was expensive-looking or torn and ragged.
– If the suspect drops anything at the scene, remember it and tell police. Try to picture if the suspect was carrying anything, too.
– The suspect’s speech patterns can be a big help for police.
– If you see the suspect drive away, remember the license plate number and a description of the vehicle. Also, try to remember which direction he or she headed and watch the person until he or she is out of view.
– If the suspect reminds you of anyone you know, remember this. Similar characteristics can be helpful in a lineup or when talking to police about the incident.
– Search your memory: You might remember seeing the suspect somewhere before the crime.
– Don’t discuss what you saw with other witnesses. “If you talk to other people, then you’re gonna be influenced by what they say,” Sundermeier said.
– If possible, write down what you saw without taking into account news reports on the incident and other eyewitnesses.
– If you don’t know something, admit it.“It tends to, in my mind, lend some credibility to them (the witness),” Sundermeier said.

In short, try to remember as much as possible, but don’t fill in the blanks. The best way to do that is to be calm and prepared. “Essentially, the real trick to being a good witness is recognizing during the event that you’re going to be a witness,” Sundermeier said. “Most people don’t come to that realization until it’s too late.”

While the article is written about witnesses to crimes, the same principles hold true if you are likely to be called as a witness to an automobile accident that leads to an injury lawsuit.