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Can someone sue for malpractice after a death tha happened 10 years ago?

Harrisburg, PA |
Filed under: Medical malpractice

My mother passed away 10 years ago due to cancer. Still I can't let go of the thought I should have done something for her. Anyway we took my mother to the hospital because she was having problems walking on her legs, so when we got there they found a rash on her leg so they called it, we didn't agree with that so we took to another and they found cancer 2 days later she passed away. Would I still have a case?

Attorney Answers 1


I am very sorry for your loss, but this does not appear to be a case that you could file. I am a lawyer in California, so I do not know the statute of limitations in Pennsylvania, but I cannot imagine you could file a suit for something 10 years ago. Also, for any case, you must prove that the negligence (if there was any) caused the death. Since your mother passed away so soon after she went to a doctor, the defendants would claim (with success, I fear) that the two-day delay in making the diagnosis did not change her course. Unfortunately, such advanced cancer could not be cured if found two-days earlier. I hope you are able to find some comfort.

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