What is the test for presenting a cause of action for damages arising out of a medical malpractice case?

California, United States of America


The following excerpt is from Canova v. Trustees of Pension Plan, 150 Cal.App.4th 1487, 59 Cal.Rptr.3d 587 (Cal. App. 2007):

"relating to any other cause of action" must be presented within one year after accrual. ( 911.2.) A cause of action accrues on the date which it would be deemed to have accrued under the applicable statute of limitations and is generally the date the plaintiff incurred injury as a result of the defendant's alleged wrongful act or omission. ( 901; Loehr v. Ventura County Community College Dist., supra, 147 Cal.App.3d at p. 1078, 195 Cal.Rptr. 576.)

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