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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.