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malpractice statute of limitations in CA start when you should have known you were injured. Well if I went to my doctor and he failed to diagnose colon cancer at age 56 or even screen for it. but turned me over to another doctor in his office eight months later after treating me for parasites (worms) and I had weight loss, chronic constipation, always very tiered, feeling like I would vomit, pain in stomach. had been out of work for over  year, fighting for SSDI , homeless for a  few, until I got my SSDI, was a victim of ID thief all in the same time line would that stop the statute of limitations clock for any time I am claiming I could not function , because of the cancer and its treatment and all of the other problems. I have no family in CA they live in north Carolina and they discarded me 12 years go for being homosexual. 

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It isn't at all clear when you are claiming the clock started let alone why you feel it should be tolled. Being sick generally does not as that is part and parcel with having a med mal case. Neither does it matter your relationship with your family as they do not have standing to bring a case, you do. If you were truly incapacitated for the entire SOL such that it was impossible for you to act, and not just inconvenient, that could be a valid reason but you should discuss it with an attorney in your area.

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I don't really follow that long run-on sentence in your post, but the statute of limitations in California for medical malpractice is "three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first."  Code of Civil Procedure section 340.5.  Consult with a local medmal attorney.

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What I am asking is what would determine when I should have known. I did not even think that I had been injured due to failure to diagnose until just last week when I felt comfortable enough to discuss the embarrassing parasites and the cancer with a cancer survivor who told me that the doctor should had screened for cancer immediately, due to my age and the symptoms. When would the SOL start my first doctor visit, Eight months later when diagnosed, six weeks after diagnosis when tumor removed and staged, or when I was told that the doctor should had screened for cancer my first visit. 

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10 hours ago, Kevin Hooper said:

What I am asking is what would determine when I should have known.

 

The facts.

 

Folks on an internet message board, none of whom have seen a single page of evidence relating to your situation and who have only a few sentences of information, are in no position to assess this intelligently.  You need to consult with a local medmal attorney.

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If you believe you were subject to medical malpractice due to a failure to diagnose a cancer, the statute of limitations would start, at the latest, when the cancer was properly diagnosed.  That is when you were aware of the error.

 

But, that is only my opinion and you really need to discuss this with a med mal attorney who can review the facts, records, and the statute in your state.

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