Q: “Can I challenge the statute of limitations for malpractice based on ongoing harm caused by delayed imaging, misdiagnos
n:
“From 2005 to 2013, I was treated for back pain with pain medication, but no diagnostic imaging was ordered during this time. In 2013, I was finally given X-rays, which showed degenerative disc disease and spondylolisthesis. However, my condition was misdiagnosed as congenital, leading to a delay in appropriate treatment and a spinal fusion surgery that worsened my condition. Recently, I discovered evidence that my condition was acquired, not congenital, as initially claimed. Additionally, I learned that one of my treating physicians, who played a key role in my care, was impaired due to substance abuse and made false statements in my medical records. Would this late discovery of physician misconduct and new evidence of improper care allow me to challenge the statute of limitations, given the ongoing harm and delayed diagnosis?”
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- California
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- Answered
A:
Given the complexity of your situation, you may have grounds to challenge the statute of limitations under California's "delayed discovery" rule, which starts the clock when you reasonably discover the injury and its negligent cause.
The discovery of the physician's substance abuse issues and falsified medical records could be considered new evidence that you couldn't have reasonably discovered earlier. California courts have recognized that fraudulent concealment or intentional misrepresentation by healthcare providers can toll (pause) the statute of limitations, particularly when there's evidence of misconduct that prevented you from discovering the true nature of your injury.
However, you'll need to act quickly and document exactly when and how you discovered this new information about your physician and the true nature of your condition. It would be wise to consult with a medical malpractice attorney immediately, as they can evaluate your specific timeline and evidence to determine if you meet the legal requirements for tolling the statute of limitations - many offer free initial consultations to evaluate cases like yours.
I recommend gathering all your medical records, documenting the timeline of events, and collecting any evidence related to the physician's misconduct and the misdiagnosis of your condition. These details will be crucial in demonstrating why you couldn't have reasonably discovered the malpractice earlier.
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