What is the limitation period for a medical malpractice claim under section 340.5 of the California Medical Code?

California, United States of America


The following excerpt is from Zulli v. Balfe, 2d Civil No. B252230 (Cal. App. 2014):

The one-year limitations period of section 340.5 is "intended to cover all personal injury claims arising from medical malpractice." (Young v. Haines (1986) 41 Cal.3d 883, 894.) The one-year period commences when the plaintiff actually knows or suspects, or reasonably should know or suspect, the injury was caused by wrongdoing. (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 413 [on day of decedent's death, plaintiff suspected medications were not properly administered].)

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