Can a plaintiff circumvent the statute of limitations by pleading in an action against a doctor for negligent treatment?
California, United States of America
The following excerpt is from Christ v. Lipsitz, 160 Cal.Rptr. 498, 99 Cal.App.3d 894 (Cal. App. 1979):
A plaintiff may not, however, circumvent the statute of limitations merely by pleading an action which is in substance a tort as a contract. "It is settled that an action against a doctor arising out of his negligent treatment is an action sounding in tort and not one based upon a contract." (Bellah v. Greenson, 81 Cal.App.3d 614, 625, 146 Cal.Rptr. 535, 542).
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