What is the applicable statute of limitation for medical malpractice?

In actions where the federal court borrows the state statute of limitation, the court should also borrow all applicable provisions for tolling the limitations period found in state law. See Hardin v. Straub, 490 U.S. 536, 539, 109 S.Ct. 1998, 2000 (1989). Pursuant to California Code of Civil Procedure, 352.1, a two-year limit on tolling is imposed on prisoners. Section 352.1 provides, in pertinent part, as follows:

Cal. Code. Civ. Proc., 352.1

Under section 340.5, the three-year period for a professional negligence claim is also tolled "(1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person." Cal Code Civ. Proc., 340.5. The statute makes clear, however, that the one-year period is not similarly extended. Thus, "regardless of extenuating circumstances, the patient must bring . . . suit within one year after he or she discovers, or should have discovered, [the] 'injury.'" Id. (citing Sanchez v. South Hoover Hospital, 18 Cal.3d 93, 100-101, 132 Cal.Rptr. 657, 553 P.2d 1129 (2003)); Gutierrez v. Mofid, 39 Cal.3d 892, 896, 218 Cal.Rptr. 313, 705 P.2d 886 (1985)).