California, United States of America
The following excerpt is from Huggins v. Grewal Medical Associates, Inc., C053267 (Cal. App. 6/25/2008), C053267 (Cal. App. 2008):
Defendants rely on Steingart v. White (1988) 198 Cal.App.3d 406, for the proposition that injury occurs when cancer is first diagnosed. In Steingart, the plaintiff repeatedly raised concerns about a lump in her breast, but her doctors reassured her that there was no problem, refused her request for a biopsy, and induced her to forego any treatment. (Id. at pp. 409-410.) Three years later, however, doctors diagnosed the plaintiff with Stage II breast cancer. (Id. at p. 410.) The question was whether the plaintiff was injured and the statute of limitations began to run when defendants negligently failed to diagnose the cancer or when the disease was finally diagnosed. The court concluded that the plaintiff was not injured until the diagnosis was made. (Id. at pp. 414-415.)
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