What is the test for fraudulent concealment in medical malpractice cases?

California, United States of America


The following excerpt is from Sinclair v. Praxair, Inc., D063578 (Cal. App. 2014):

"Three conditions are necessary for the fraudulent concealment exception to apply: (1) the employer must have concealed 'the existence of the injury'; (2) the employer must have concealed the connection between the injury and the employment; and (3) the injury must have been aggravated following the concealment. [Citation.] If any one of these conditions is lacking, the exception does not apply and the employer is entitled to judgment in its favor." (Jensen v. Amgen, Inc. (2003) 105 Cal.App.4th 1322, 1325.)

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