Legal Question in Medical Malpractice in California

My dad was misdiagnosed in 2008 with cancer. He passed away in June 2009. Is it too late to consider suing Kaiser? He had been complaining of a lump in his rectal region, was referred by his doctor for first a sigmoidoscopy, that doctor noted a walnut sized growth that needed to be biopsied, so referred my dad for a colonocopy. That doctor just said my dad had hemmorhoids and had my dad treat the tumor with Prep H. It continued to get worse until until finally he was referred to a surgeon who diagnosed the cancer. It was really too late at that point. He had it removed surgically, but it had already became stage IIIC. None of the treatment worked.


Asked on 11/29/10, 8:37 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You can't sue Kaiser, because everyone who chooses to enroll in Kaiser is required to sign up for Arbitration. There are some lawyers that handle Kaiser medical malpractice arbitrations, but I wouldn't get your hopes up. Watch out for legal time limits.

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Answered on 12/04/10, 8:45 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Sorry for your loss. I'd be willing to take a look at your case. I have handled personal injury before against large corporations, and public entities. I might be willing to take Kaiser to court or arbitration. Send me an email with detailed information and dates.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 12/05/10, 1:44 pm
Terry A. Nelson Nelson & Lawless

The heirs had only one year from 'notice' of the malpractice to take legal action. Notice is at least when when he was told of the misdiagnosis, but certainly no later than the death. Sorry, too late.

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Answered on 12/05/10, 2:56 pm


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