You may have a case, in the sense that there may be a liability: leaving the cervix in while doing a total hysterectomy, especially if it leads to frequent or common bleeding, is likely negligent, or unreasonably careless.However, you need to contend with the statute of limitations, or the time period within which you may bring a lawsuit. In your state, the statute is 3 years from the injury or 1 year from when the injury is discovered or reasonably should have been discovered. Since the procedure was 8 years ago, you need to rely on the discovery-related time frame. You write that that have been seeing doctors about this for a year, but "just found out" that your cervix is still there. IF the doctors should have made the diagnosis when you first started seeing them, then you might be running out of time (or already be out of time depending on the exact time frame). You should therefore consult with a medical malpractice attorney *immediately*, before anymore time goes past, to discuss the situation and whether you have a case--and, if appropriate, to get if filed before you run out of time.