I'm sorry to hear about this. Hopefully, someone from California will weigh in with the answer to your question about the Statute of Limitations. I have couple other thoughts for you:
1. Is it possible they didn't do a full colonoscopy? They may have just done a anoscopy or sigmoidoscopy and not have gone all the way to junction of the small bowel and the large bowel (called the cecum) where it sounds like the cancer was located.
2. If she's Stage 4, it's likely that the cancer was there way longer than 5 months. When was the most recent colonoscopy before this one? The general rule (depending on the type of cancer, etc) is that a delay of less that 6 months isn't enough to show the delay made a difference had it been caught earlier. Good luck.
New York Patient Safety & Medical Malpractice Attorney. Our top verdicts involve representing patients & their families who have been injured by medical negligence including wrongful death, brain damage, birth injuries, and failure to diagnose cancer cases. http://www.atdlaw.com
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