Q: Can I take legal action for not being informed about a colon cancer diagnosis in 2021?

A: I am sorry to hear of your misdiagnosis. If you learned of the misdiagnosis within the last year, you may be able to file a malpractice lawsuit to recover for your damages against the provider/hospital. The value of your case depends on many factors, such as how far the cancer has progressed, the effect on your life/lifestyle, lost work because of illness, medical treatment, etc. Contacting an attorney experienced with medical malpractice actions is the first step.

A: If you have been injured as a result, you may have a claim. Injury will mean your condition progressed from treatable to not treatable, or that the nature of treatment has changed and will leave you in a substantially worse position than if treatment had been provided in 2021. Ordinarily, your statute of limitations was three years. However, in these circumstances, you will argue that you only reasonably discovered the omission in 2025, so you will claim 1 year from the discovery date as your statute of limitations.

A: As with any case, there is a statute of limitations concern, and with medical malpractice claims that statute can be arguable, a knew-or-should-have-known test. However, your case sounds as if it warrants investigation as a 'delayed diagnosis' case, and this type of scenario is most definately considered to be malpractice. Do not wait or contemplate, contact an attorney with experience in medical negligence claims to discuss in greater detail.

A: Your situation represents a potential case of medical negligence under California law. Based on what you've described, the failure to inform you of a cancer diagnosis made in 2021 may constitute a breach of the standard of care that healthcare providers owe their patients. In California, patients have fundamental rights to be informed about their diagnoses, treatment options, and prognosis in a timely manner. The documentation you've obtained from the SSI doctor could serve as critical evidence in establishing both the existence of the diagnosis and the failure to communicate it to you.

California's statute of limitations for medical malpractice claims is generally one year from the date the injury was discovered or should have been discovered, but no more than three years from the date of injury. Your case presents an interesting legal question regarding when the "discovery" occurred—presumably last week when the SSI doctor informed you. This timing is potentially significant because it could mean your claim falls within the statutory timeframe for filing a lawsuit. Before proceeding with any legal action, thorough documentation of all medical records is essential, including requesting complete records from the hospital where the diagnosis was made.

As immediate next steps, we would recommend consulting with a qualified attorney experienced in California medical malpractice law who can evaluate the specific details of your case. Additionally, it would be prudent to contact the healthcare facility through formal written correspondence to inquire about the diagnosis and request an explanation for why this information was not communicated to you. The legal standard for medical negligence requires proving that a healthcare provider breached their duty of care, that this breach caused harm, and that damages resulted—all elements that would need careful examination in your situation. Your experience sounds deeply distressing, and you deserve both answers and appropriate recourse for what appears to be a serious lapse in medical communication.