What is the test for relation-back type relief in a medical malpractice case?
California, United States of America
The following excerpt is from Williams v. Braslow, 179 Cal.App.3d 762, 224 Cal.Rptr. 895 (Cal. App. 1986):
The rule we have evolved here otherwise represents a proposition similar to that applied by the court in Olden v. Hatchell (1984) 154 Cal.App.3d 1032, 201 Cal.Rptr. 715, in affording relation-back type relief. In Olden the claim presented stated that the names of the public employees responsible for his injuries were unknown to claimant at the time the claim was presented. After denial of the claim, the action was filed within the six-month limitation period, and the substitution of the named defendants was held to relate back to the timely filing of the complaint. (Id., at p. 1037, 201 Cal.Rptr. 715.)
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