SAN DIEGO (CN) – A woman has less than a year to live after delayed cancer diagnosis, she and her husband claim in San Diego County Superior Court.

     Kathleen and Frank Mendez sued Kaiser Foundation Health Plan, Inc. and Kaiser Permanente for general and professional negligence.

     According to the lawsuit, Kathleen Mendez had a CT scan in 2015, but did not learn until almost two years later that a renal mass had been detected. Had doctors properly evaluated the mass at that time, she would have had a better than 90 percent chance of recovering from the cancer that was growing in her kidney, according to the complaint. But now, even after surgery and continuing chemotherapy, she has a prognosis of less than one year to live, according to the complaint.

     Kathleen and Frank Mendez seek damages for pain, suffering, mental anguish, emotional distress, loss of consortium, medical and hospital care, lost earnings, diminished earning capacity, prejudgment interest and costs of suit. They are represented by Craig F. Castle in Carlsbad.