California, United States of America
The following excerpt is from McCaffery v. Madera Cmty. Hosp., F074523 (Cal. App. 2019):
The running of the three-year period was not tolled by the two-year tolling period for prisoners set forth in section 352.1 because that type of tolling does not extend the three-year period. (Belton v. Bowers Ambulance Service, supra, 20 Cal.4th at p. 932 [ 340.5 provides tolling exceptions to the three-year maximum, which by necessary implication excludes all other exceptions, such as 352.1].) Therefore, the medical malpractice claim for unconsented surgery is time-barred, unless the running of the three-year limitations period was suspended by one of the tolling exceptions expressly set forth in section 340.5. Those exceptions are identified in the sentence of section 340.5 that states: "In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional
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