What is the limitation period for a plaintiff to bring a medical malpractice action?

Our review of the directed verdict requires analysis and application of Code of Civil Procedure section 340.5, which governs the time limitations [25 Cal.App.4th 1308] for filing medical malpractice actions. ³ There are two critical independent provisions of that code section: "The first provision states that 'the time for the commencement of action shall be three years after the date of injury....' The second provision creates an alternative limitations period of 'one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury....' Lest it appear, however, that the action is timely if the requirements of only one of these provisions [are] satisfied, the statute further requires that the action be brought within the limitation period which 'occurs first.' To make it even more evident that a plaintiff must satisfy the requirements of both provisions, the statute further provides that '[i]n no event shall the time for commencement of legal action exceed three years....' " (Hills v. Aronsohn (1984) 152 Cal.App.3d 753, 758, 199 Cal.Rptr. 816.)

Dolan v. Borelli (1993) 13 Cal.App.4th 816, 825, 16 Cal.Rptr.2d 714, states the operative rule concisely: " 'First, the plaintiff must file within one year after she first "discovers" the injury and the negligent cause of that injury. Secondly, she must file within three years after she first experiences harm from the injury. This means that if a plaintiff does not "discover" the negligent cause of her injury until more than three years after she first experiences harm from the injury, she will not be able to bring a malpractice action against the medical practitioner or hospital whose malpractice caused her injury. [Citations.]' " (Emphasis in original.)