Q: Considering legal action after misdiagnosis: is it too late?

A: Time limitations are based on the concept that we don't want old, stale cases coming in court. We have to turn the page, so to speak. Ordinarily in negligence cases involving bodily injury the statute of limitations is two (2) years. So, given that time line, you were diagnosed with cancer in September 2022, and if the conduct that gave rise to that diagnosis was negligent, and it was prior to Septemeber 2022; the case would have been time barred at least on September 2024. However, the clock doesn't start until you knew or reasonably should have known all the elements necessary for the cause of action. So, assuming you were ignorant to the fact you had a case in September of 2022, the clock would not start until you found out about the negligence. However, there is a five year statute of ultimate repose (last possible chance to file a medical malpractice case). The furtherest possible date you would have to file would be September 2027 (It's likely sooner). This is meant to provide you guidance and not for you to rely on this in your particular case. You will need to seek the opinion of a licensed attorney who sepcializes in medical malpactice to review your specific facts. Therefore, the short answer is that that "It depends" on whether it is too late for a complaint. You should not waste anytime to schedule an appointment with an attorney. Best wishes to you. I am very sorry for this outcome. This happens so frequently in a day and age when cancer screening has gotten much better. Stay strong!

A: In Oregon, medical malpractice claims typically must be filed within two years of the alleged negligent act or from the date you discovered—or reasonably should have discovered—the injury, though there’s an ultimate repose period of five years for medical malpractice cases. Since your procedures and diagnosis occurred in 2022, you are outside of the two years from the date of the injury and would need to rely upon the "discovery rule", which gives you two years from the date you knew or should have known of the doctor's negligence. The specific facts of your case, including how and when you became aware of the misdiagnosis or delayed diagnosis, will affect your timeline.