Legal Question in Medical Malpractice in California
If a years ago I had an emergency appendectomy, after the operation the dr. informed that during the operation he noticed a cancerous in one the kidneys so he removed the kidney and replaced it with an experimental plastic one. recently in routine tests was discovered that I never had cancer, and the dr. knew it at the time of the operation. Can I be able to sue the dr. even the statute of limitation.
2 Answers from Attorneys
Yes, but maybe. Depending on when it was and what can be proven.
How long ago was "a years?" The statute of limitation for personal injury is two years in most cases. May be different, depending on when you discovered the alleged fraud. The other, probably bigger hurdle, is proving the Dr. KNEW no cancer at the time. How did you find out? Pathology report?
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