Statute of limitations for malpractice in California?

[Deleted member 4644]

About 10 years ago my grandmother contracted uterine cancer and had it removed. Afterwards she had radiation therapy and received perhaps *dozens of rads* above the necessary dose in course of a few days. It was nearly lethal. Only after massive surgery were surgeons able to repair the burn damage.

They ultimately took out 2/3 of her small intestine, causing her to starve to death over the course of the next 6 years. Is there a way I can sue those assholes? I was only 5-10 at the time. Or are they now protected by time?

 

[tcsenter]

They ultimately took out 2/3 of her small intestine, causing her to starve to death over the course of the next 6 years. Is there a way I can sue those assholes? I was only 5-10 at the time. Or are they now protected by time?

You cannot sue for malpractice or negligence, since you did not sustain injury from that malpractice or negligence.

The only recourse you would have is a wrongful death civil suit.

 

[Deleted member 4644]

I assume there is a statue of limitation on wrongful death as well?

 

[Deleted member 4644]

What does all this mean? http://caselaw.lp.findlaw.com/cacodes/ccp/366.1-366.3.html

 

[Novgrod]

you're going to have a fantastically hard time making your case when your grandmother already had uterine cancer. you won't be able to establish easily a link to the cause of death, in addition to not having much evidence in your corner unless there are reports from the surgeons that establish the link between excessive radiation and the need for surgery.

sorry for the bad news, but that's the way it is.

then again, maybe i'm entirely wrong.