What is the legal test for an action by a minor against a health care provider based upon professional negligence?

California, United States of America


The following excerpt is from Chavez v. Mandel, G037683 (Cal. App. 6/22/2007), G037683 (Cal. App. 2007):

Section 340.5 requires that an action by a minor "for injury or death against a health care provider based upon such person's alleged professional negligence" be commenced "within three years from the date of the alleged wrongful act." The second sentence of section 340.5 states, "[i]n 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 concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person." This tolling provision applies to minors. (Young v. Haines (1986) 41 Cal.3d 883, 901; Newman v. Burnett (1997) 54 Cal.App.4th 722, 727.)

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