What is the limitation period of action for prenatal medical malpractice?

There are two statutory periods of limitations textually applicable to actions for prenatal medical malpractice. Section 340.5 is the later and more specific prescription and is an integral part of an interrelated, comprehensive legislative scheme to deal with such cases. For those [136 Cal.App.3d 867] reasons, notwithstanding that section 340.5 omits expressly to refer to Civil Code section 29, we believe that section 340.5 supplants the period of limitations of Civil Code section 29 in medical malpractice actions and is therefore the controlling provision here. (Palmer v. Agee (1978) 87 Cal.App.3d 377, 383, 150 Cal.Rptr. 841.)

MICRA affects only medical malpractice causes of action. All such actions come within the purview of the statute, including those which exist only by virtue of the substantive provisions of Civil Code section 29 creating a cause of action for prenatal injury suffered by a minor born alive. Actions under Civil Code section 29 for intentional torts or negligent injury other than by a health care provider are not affected. (Segura v. Brundage, supra, 91 Cal.App.3d at p. 27, 153 Cal.Rptr. 777.) ¹