What can be done if my father-in-law was recently diagnosed with lung cancer that should have been diagnosed almost a decade ago?

He was recently diagnosed with stage 4 adenocarcinoma cancer. About 9 years ago he was in the hospital for pneumonia and had a scan. However, they never said a word that they had found anything on that scan.

Asked on October 22, 2014 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is a time limit on how long you have to sue, called the "statute of limitations," which varies by state and by type of lawsuit. In your state, a medical malpractice suit must be brought within 2 1/2 years of the alleged malpractice. While sometimes you can "toll," or extend, the statute, if the malpractice allegedly occured almost 10 years ago, you are unlikely to be able to extend it long enough. You should consult in detail with a medical malpractice attorney to be sure, but you need to be prepared that it may be too late to sue.


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