Woman to continue with her breast cancer misdiagnosis lawsuit

Pamela Rock who filed a breast cancer misdiagnosis lawsuit will be allowed to continue with her medical malpractice lawsuit after the Iowa Supreme Court ruled that her complaint was filed within the state’s statute of limitations.

She filed the lawsuit in October 2004, alleging that her doctors failed to adequately examine, properly diagnose and treat cancer in her left breast following the detection of a lump in May 2002.The complaint alleges that the medical negligence of the doctors and their employers allowed the cancer to spread to six of her lymph nodes.

In an opinion issued last Friday, the Iowa Supreme Court ruled that because Rock did not know she had cancer until October 2002, her claim was not barred since she filed suit within two years of that date.The Iowa medical malpractice statute of limitations requires that any case be filed within two years of reasonable discovery of the act giving rise to the claim, but no more than six years total after the medical mistake or wrongful act.

Source: AboutLawsuit.com


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