Legal Question in Medical Malpractice in Virginia

Death
Father died in 1992 in Va. Colon cancer..surgery John Hopkins University. Complete removal of cancer. Recomendation to follow up with chemo and radiation. Treatments were in Harrisonburg, Va. Cause of death..treatment of cancer due to an overdose of radiation causing severe scar tissue blocking intestines - kidneys. Months later I read an article that a Japanese company was recalling machines due to a problem with it malfunctioning. Machine was releasing massive does of radiation even though machine was set on low dose. I have tried unsuccessfully to find out if the Harrisonburg Hospital was using this machine on my father. They refused to give out any information. Their statement was that my father had signed a consent form stating that his treatment could cause death or side effects. This is true, but what if they were using a malfunctioning machine? Do I have a legitimate question..how do I go about finding out if this machine had been used on my father? Is there a timeframe alloted for wrongful deaths?

Asked on 9/04/00, 1:44 pm

Daniel Press Chung & Press, P.C.

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Re: Death

You may have had a good claim, but it would have had to be brought (if in Va.) within 2 years of the date of death.

Answered on 10/05/00, 11:34 am

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