What is the statute of limitations applicable to the heirs of a minor who died as a result of medical malpractice?

California, United States of America


The following excerpt is from Ferguson v. Dragul, 187 Cal.App.3d 702, 232 Cal.Rptr. 79 (Cal. App. 1986):

By its express terms, section 340.5 authorizes actions "for injury or death" against a health care provider arising from the provider's alleged malpractice. This language clearly authorizes wrongful death actions by the adult heirs of medical malpractice victims. (See, e.g., Larcher v. Wanless, supra, 18 Cal.3d 646, 135 Cal.Rptr. 75, 557 P.2d 507.) Although this language is not repeated where the statute speaks of minors, it would be discriminatory were it not construed to apply to minors. We hold, therefore, that the statute of limitations applicable to minors in section 340.5 governs their actions both as victims of medical malpractice and as heirs of victims.

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