What is the test for bringing a medical malpractice claim against a doctor for malpractice under section 340.5 of the Health and Social Care Act?

California, United States of America


The following excerpt is from Heimuli v. Lilja, A132595 (Cal. App. 2012):

"Under section 340.5, the three-year period is tolled ' "(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." The statute makes clear, however, that the one-year period is not similarly extended. Thus, regardless of extenuating circumstances, the patient must bring . . . suit within one year after he discovers, or should have discovered, [the] "injury." (Sanchez v. South Hoover

Page 8

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