State laws differ, but typically mental incompetence can.
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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.
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.
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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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.
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