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Can the mental and physical incapacity from cancer treatment toll the statute of limitations in california for medical malpracti

Sacramento, CA |

1 year and 7 months past date of diagnosis

Attorney Answers 4

Posted

State laws differ, but typically mental incompetence can.

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Posted

Mental incompetence can toll the SOL but it has to be documented. Tolling the SOL is not guaranteed, so talk with a local malpractice attorney ASAP.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

Physical incapacity for treatment is likely not tolled for Medical Malpractice. Mental incapacity may be a whole new ballgame. Causation of medical mal practice may also be an issue with a diagnosis of cancer. Your dangerously close to the statute of limitations. Don't waste any further time and make sure you have authority to handle these matters as well.

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Posted

Whether the statute of limitations has run depends on the type of harm, and not only when it occurred, but when you should have reasonably discovered the harm. Consult with a medical malpractice here in Sacramento to review your medical records and evaluate your claim. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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