Can a plaintiff bring a medical malpractice action against a doctor after the statute limitations period has run?

California, United States of America


The following excerpt is from Strong v. JCM Partners, LLC, C055163 (Cal. App. 12/3/2008), C055163 (Cal. App. 2008):

Plaintiffs cite as support for the foregoing argument Munoz v. Purdy (1979) 91 Cal.App.3d 942 (Munoz). In Munoz, the plaintiff suffered injuries arising from foot surgery and initiated a medical malpractice action within the limitations period. However, she did not substitute the doctor who performed the surgery as a fictitious defendant until after the statutory period had run. (Id. at p. 945.) The trial court granted the doctor's motion for summary judgment, concluding the plaintiff could have obtained the facts necessary to give rise to a claim against the doctor through the exercise of reasonable diligence. (Id. at p. 948.)

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