Legal Question in Civil Rights Law in California

Kidney Stones

When I was 13 years old a doctor

discovered I had a kidney stone the

size of a golf ball and decided it would

be best to use shockwaves to make

the stone smaller. I underwent eight

sessions of lithotripsy and one

surgery. I missed about a year of

school and still had small fragments

of the stone throughout my kidney.

Another doctor notified my family

that the doctor used malpractice and

that I could have had one surgery to

eliminate the stone at one time. I

still have small fragments from my

larger stone in pockets of my kidney

caused by the lithotripsy. I am now

19 years old and I am wondering if

there is any action I could take to file

a lawsuit?


Asked on 1/05/08, 6:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Kidney Stones

You would have to qualify under the following statutory language:

"...Actions by a minor shall be commenced within three years from the date of the alleged wrongful act ..."

In other words, you would have to have filed about three years ago, unless you also qualify under this part of the statute:

"Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence�..."

It was your parents responsibility to file at the time. You'd have to now prove they conspired with the doctor to commit fraud against you.

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Answered on 1/07/08, 1:35 pm


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