What is the appropriate time for a medical malpractice action against a health care provider based upon professional negligence?

California, United States of America


The following excerpt is from Samuels v. Mix, 63 Cal.App.4th 71, 73 Cal.Rptr.2d 508 (Cal. App. 1998):

10 Section 340.5 provided in relevant part: " 'In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.' " (Burgon v. Kaiser Foundation Hospitals, supra, 93 Cal.App.3d at pp. 814-815, fn. 1, 155 Cal.Rptr. 763.)

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