Can I sue the hospital that my mom died in for malpractice now that I am 18?

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Can I sue the hospital that my mom died in for malpractice now that I am 18?

When I was 5 my mom died of hepatitis after giving birth to my sister. According to my grandma. My mom had been going for regular check up’s during her pregnancy. They never found or noticed it. (hepatitis). After my sister was born, my mom was in the room with the nurse and my grandma. My grandma told the nurse that mom’s eyes and skin looked yellow. The nurse blew it off and said it was the lighting. The next day she went into a coma and died. My grandma is religious and said it was my mom’s time because that is what God wanted. So she did nothing. My mom and dad never married so he couldn’tsue. Should I speak to a personal injury attorney? I’m in Merced County, CA.

Asked on August 4, 2010 under Malpractice Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for you situation and you and your sister's loss of your Mother at such a young age.  Generally each state has a statute of limitations for bringing a lawsuit and who may bring same on behalf of the decedent (your Mother).  And generally each state has what is known as a "tolling" statute that allows the extension of a statute of limitations for some reason.  You particular situation may not lead itself to the tolling of the statute to bring the action now, but you should really speak with an attorney in our area that practices in the area of the law to be sure.  Consultations are generally free of charge.  He or she will be able to let you know what your options are, if any.  Good luck. 


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