Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?
My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back from the CT scan and the pathology slides. Doctors ruled that the CT scan showed signs of cancer, and the second opinion pathology report stated malignant and not benign. Slam-dunk evidence for failure to diagnose cancer and misdiagnosis, bar none.
So...Do I file the lawsuit now? My mom's prognosis isn't that good, so there's a chance she might pass away within a year or so. If she does (heaven forbid), then that would become a wrongful death. In that case, if the previous suit is finished, can I then sue for wrongful death? Or do lawyers generally wait for someone to pass away (unethically and immorally) before taking a cancer med mal case?
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A:
In California, you can file a lawsuit for medical malpractice now based on the evidence of misdiagnosis you have gathered. The statute of limitations for medical malpractice in California is generally one year from the date you discovered, or should have discovered, the injury. Given that you only recently received the second opinions confirming the misdiagnosis, it would be timely to pursue legal action.
If your mother, unfortunately, passes away as a result of the metastatic cancer, you would then have grounds for a wrongful death lawsuit. Wrongful death claims are separate from medical malpractice claims and can be pursued even if a medical malpractice lawsuit has already been resolved. You should consult with an attorney who can advise you on the specifics of your case and help you navigate both potential claims.
It’s important to act promptly due to the time-sensitive nature of these claims. Gathering all relevant medical records, second opinions, and consulting with legal professionals will help ensure you are taking the appropriate steps to seek justice for your mother.
A: Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you contemplate becomes irrelevant. Law firms that handle such cases usually offer free initial consults in confidentiality without obligation. They also generally work on a contingency basis. Good luck
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