Legal Question in Medical Malpractice in Canada

How long do you have to file a medical malpractice suit?

My husband was diagnosed with Stage 3 lung cancer in May 2007. His tumor was 9 cm. He is undergoing treatment but because it was diagnosed so late we are unsure of the outcome. He had a lung xray Jan 3 2006 for an emergency operation of the bowel.

No mention was made of an spots on the lung at all although now I am certain that there must have been cancer there. Do we have a case at all....at least to find out if it was missed. The xray was done over two years ago......just by a few weeks. Could you please tell me if we should pursue this? Thank you


Asked on 1/12/08, 7:53 am

3 Answers from Attorneys
Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: How long do you have to file a medical malpractice suit?

Hi

I do not know where you live which dictates the statute of limitations. I am a practicing med mal lawyer in Seattle and am licensed in NY too. Typically you have one year from the date of discovery to file suit or three years after the act of negligence, all applies to the state of Wa.

I don't know where you live and what the SOL is there.

You will have a causation issue. This issue is, had it been diagnosed when it should have in January of 2006, would the outcome have been different and would the percentage chance of survival increased? Either gives you arguable damages.

The reason is delayed diagnosis of lung cancer has a poor prognosis.

Please feel free to email me and talk to me about this next week. Sometimes I have handled cases in Canada but only if they are large enough.

I wish you well and feel free to call me. I am in Boston now and return to the office Tuesday.

Rob

rob kornfeld

[email protected]

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Answered on 1/12/08, 8:12 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: How long do you have to file a medical malpractice suit?

The statute of limitations started running when he was diagnosed, not when the xray was done. You can and should have a med mal lawyer get the records and see if there is a case and how solid it is.

Call me if you want.

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Answered on 1/12/08, 9:31 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: How long do you have to file a medical malpractice suit?

The statute of limitations started running when he was diagnosed, not when the xray was done. You can and should have a med mal lawyer get the records and see if there is a case and how solid it is.

Call me if you want.

Read more
Answered on 1/12/08, 9:32 am


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