How does the statute of limitations apply in medical malpractice cases?

California, United States of America


The following excerpt is from Morgan v. Davidson, 240 Cal.Rptr.3d 235, 29 Cal.App.5th 540 (Cal. App. 2018):

Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1191-1192, 151 Cal.Rptr.3d 827, 292 P.3d 871.) One of the exceptions is the continuing violation doctrine. ( Id. at p. 1197, 151 Cal.Rptr.3d 827, 292 P.3d 871.) "The continuing violation doctrine aggregates a series of wrongs or injuries for purposes of the statute of limitations, treating the limitations period as accruing for all of them upon commission or sufferance of the last of them." ( Id. at p. 1192, 151 Cal.Rptr.3d 827, 292 P.3d 871.) The continuing violation doctrine is applicable where injuries result from a "series of small harms, any one of which may not be actionable on its own." ( Id. at p. 1197, 151 Cal.Rptr.3d 827, 292 P.3d 871.) The party asserting the doctrine must allege "a pattern of reasonably frequent

[240 Cal.Rptr.3d 250]

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