Does the statute of limitations apply to medical malpractice actions?

California, United States of America


The following excerpt is from International Engine Parts, Inc. v. Feddersen & Co., 38 Cal.Rptr.2d 150, 888 P.2d 1279, 9 Cal.4th 606 (Cal. 1995):

[9 Cal.4th 629] Noting that in the worker's compensation arena courts had adopted the principle that "the statute of limitations should not run against an injured employee's right to compensation during the time said person was in ignorance of the cause of his disability and could not with reasonable care and diligence ascertain such cause," this court concluded that the same principle should govern actions for medical malpractice. (Huysman v. Kirsch, supra, 6 Cal.2d 302, 312, 57 P.2d 908.) Accordingly, this court reversed the trial court's judgment.

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