Sounds like the Statute of Limitations as passed as the condition was known or should've been known late 08 early 09 but I would suggest consulting an attorney to investigate.
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I am sorry about your sister's ordeal, but this does not look like a promising case. CA has a short statute of limitations for medical malpractice and the fact pattern is very complex. You can try calling a couple of medical malpractice lawyers. Telephone consultations are generally free. Perhaps there are facts you can build a case on, that do not appear in your question.
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I agree that the statute of limitations has passed on the botched initial gastric bypass surgery because that mistake was discovered in 11/08. She had one year from the date discovery (during the corrective surgery) to file on that claim. Thereafter, any possibility that the corrective surgery was bad, is also prohibited by the statute of limitations as it mostly likey will be determined that your sister should reasonably have discovered that something was wrong when she began having problems within "weeks after the corrective surgery". There may be a case against any physician who treated your sister within the last year from the date a complaint is filed, so you should consult with a medical malpractice attorney asap so you can go as far back as possible. With the information you have provided, it cannot be done on this forum. Good luck.
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