What constitutes reasonable diligence for a medical malpractice action?

California, United States of America


The following excerpt is from Ebersol v. Cowan, 197 Cal.Rptr. 601, 35 Cal.3d 427, 673 P.2d 271 (Cal. 1983):

15 Compare Whitfield v. Roth, supra, 10 Cal.3d 874, 112 Cal.Rptr. 540, 519 P.2d 588 which held that the statute of limitations with respect to a medical malpractice action commenced to run when the plaintiff, through the exercise of reasonable diligence, obtained through counsel the medical record which revealed her cause of action; plaintiff's conduct in contacting two attorneys who would not accept her case and finally persuading a third attorney to take her case constituted reasonable diligence.

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