Is it possible to sue my mom’s doctor?

About 5 years ago my mom was suffering of some extreme pains in her abdomen. She would go to her doctor and tell him but all he did was give her pain medicine. That didn’t work so she went back. He hesitated to give her an appointment for an MRI. He finally did but until December. This was like 4 months away. My mom couldn’t handle the pain so she went to another doctor and was diagnosed with stage 4 ovarian cancer. She took the doctor’s diagnosis to her doctor and finally something was donet. My mom passed away 2 years ago. The doctor said she could still be alive today if she diagnosed was sooner.

Asked on July 10, 2012 under Malpractice Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Sorry for your loss.

I hate to be the bearer of bad news here, but the statute of limitations is probably over in this case.

A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5

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