California, United States of America
The following excerpt is from Huggins v. Grewal Medical Associates, Inc., C053267 (Cal. App. 6/25/2008), C053267 (Cal. App. 2008):
Section 340.5 outlines two time limitations for filing a medical malpractice action, providing in relevant part: "In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first." (See generally McNall v. Summers (1994) 25 Cal.App.4th 1300, 1308 [describing these two limitations requirements].)
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