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My mother died of cancer in 2006. She was HEAVILY misdiagnosed, and malpractice. Is the statute of limitations over???

Studio City, CA |

My mother was heavily malpractices for years over numerous reasons that any doctor would order he to see specialists , and or get MRI or CAT SCAN . It wasn't until she insisted on a CAT SCAN due to her friend , who was a doctor that warned her that her doctor had been misdiagnosing her for years for numerous reasons , that they found a tumor . The cat scan tech also said she should have been recommended to do this a long time prior . At her funeral , her doctor friend came and talked to me about how " horribly she was malpractices , and that I lost my mother because of it . " I am unsure of the list of specifics , however I do know that during her terminal era it was no secret amongst anyone that she had been massively malpractices . Her DR begged her not to sue , she didn't , but switched DR . Can I sue ?

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Attorney answers 5


Let me start by telling you that I am not licensed in CA and do not know CA law. I seearched the internet and found this on a lawyers web site:

A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases, the statute is tolled until the claimant discovers or should have discovered the injury. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989

It looks like the s/o/l might be over but you should contact a local malpractice attorney just to be sure.

Sorry for your loss.

I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.


Yes. A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury.

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.


The SOL appears to have run.

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Statutes of limitation are established by state law in each state and you have already received advice from good attorneys knowledgeable regarding your state's. Here is an article on why such laws exist, their effect and the policy behind the statute of limitations: [Blue Link Below:]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


4yrs basic time can be extended for another 2 yrs from the the time she knew or should have known and can be extended to a total of 7 yrs with fraud or concealment on the part of medical personnel

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