Do I have a case if I have liver tumors all over my liver because my old doctor had me on a high dose of birth control pills for too long?
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Do I have a case if I have liver tumors all over my liver because my old doctor had me on a high dose of birth control pills for too long?
I just had half of my liver removed because some of the tumors were getting too big. Do I have a case against my doctor or the birth control pill company? I was on the pill for 5 years. My recent doctors have been following my tumors for 3 years.
Asked on July 14, 2015 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unfortunately, it is too late for you to file a medical malpractice lawsuit against your former doctor because the lawsuit was not filed prior to the expiration of the applicable statute of limitations.
The statute of limitations in CA for filing a medical malpractice lawsuit is 3 years from the date of the injury or 1 year from the date the patient knows or should have known of the injury whichever occurs first.
Since you have known about the tumors for 3 years that your current doctors have been following your condition, you have missed the statute of limitations and your lawsuit will be barred by the statute of limitations.
As for filing a lawsuit against the manufacturer of the birth control pills, you would not have a case because the pills were not defective; the problem was your doctor prescribing an excessive dosage.
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