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My husband died of kidney cancer year 2006 July. While I was

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My husband died of kidney...
My husband died of kidney cancer year 2006 July. While I was preparing my husband's medical record to submit some benefit , I found that my husband's complaining lower back pain since 1998 and all Kaiser Doctor did was referring physical therapy and CBC(blood test), no urine test, no x-ray for 8 years. I called one Lawer's office for negligence case and the secretary said that it is too late because the time frame for medical negligence law suit is one year from my husband's death.   Is it too late for legal action?
Submitted: 8 years ago.Category: Personal Injury Law
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Answered in 12 minutes by:
5/12/2009
Personal Injury Lawyer: TexLaw, Attorney replied 8 years ago
TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4,430
Experience: Lead Personal Injury Trial Lawyer
Verified
Hi

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

What you are asking about is whether the "statute of limitations" has run on your particular claim. The claim you have is for "failure to diagnose" which is a claim which sounds in medical negligence. Generally, in most states in the statute of limitations for medical negligence claim is two years. In some states it is longer, but there is no state in which it is longer than four years. Also, you have an issue as to when the claim actually arose. It may not be at your husbands death, but rather at the discovery of the kidney cancer. It is most likely the case that you no longer have a claim because of the statute of limitations.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

TexLaw
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4,430
Experience: Lead Personal Injury Trial Lawyer
Verified
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Category: Personal Injury Law
Satisfied Customers: 4,430
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