misread scan

Reply Fri 27 Apr, 2012 01:35 pm
Maryland Cancer Patient Needs Advice 4/2012
A. Hereditary Renal Cell Carcinoma. Was told to get scanned.
B. Was scanned 2003, April, and September in 2006. Radiology experts said my scan was clear of any kidney lesions
C. Scanned again in December 2010. Had an 8 cm tumor in kidney. The oncologist reviewed my 2006 scan and discovered that on my 2006 scan, my 8 cc tumor had started to grow. (scan of 2006 was misread)
D. A statute of limitation is 5 years from the original time of injury (which was misread in 2006, and of course I was told I was clear) and 3 years from the point of discovering the tumor. (I am still within that range).
E. I now have Stage IV metastatic kidney cancer.
Is there any medical malpractice lawyer that can tell me if the 5 year rule may have an exception to it? Or is it a hard rule and there are no exceptions?
Is there a way to show injury may have occurred later, when it metastasized?
Any response would be helpful!

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