Does the statute of limitations apply to a plaintiff who was served with a notice of intent to sue for medical malpractice?
California, United States of America
The following excerpt is from Trimble v. Fightlin, F071493 (Cal. App. 2017):
no later than September 19, 2012, when the section 364 notice was served. Thus, the one-year statute of limitations attached no later than September 19, 2013. That Trimble may not have known the full extent of his injury at that time is of no consequence. Therefore, the limitations period was not tolled.
IV. The recent case of Drexler v. Petersen2 does not support Trimble's position
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