Based on this description of the events, you would not have a case. This is because the cerebral aneurysm had not ruptured. Therefore, had the aneurysm been diagnosed say, 10 months ago, the treatment would be the same then as it will be now. In other words, no new injury has been incurred for which the court could compensate. I tend to agree with your suspicion that the aneurysm should have been diagnosed sooner. But without a damage model, a lawsuit would not be able to do anything for your mother.
The CA deadline to file a lawsuit is just 1 year. To get a truly reliable legal opinion, you would need to consult with a California medical negligence lawyer and explain all the facts, medical history, and have the medical records reviewed.
First you would need a doctor to say that the undiagnosed brain aneurism caused the 2 hears of migraines. Secondly, you did not say what the current doctor’s plans are for treatment of the aneurism is going to be. If your mother is going to have no permanent injuries as a result of this failure to timely diagnose the aneurism then is may be hard to find an attorney since the only damages could be 2 years of headaches.
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.
You don't have any case at all; your mother would have a case, if there was anyone who did, and if she wanted to spend time and effort pursuing one.
A doctor hasn't committed negligence or malpractice simply by being WRONG; a doctor commits malpractice by being wrong because he or she didn't do what a reasonably careful doc would have done in the same circumstances.
This sounds like a difficult case to prove.
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
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