What is the statute of limitations for a plaintiff to bring a claim against a hospital for medical malpractice?
California, United States of America
The following excerpt is from Preston v. Kaiser Foundation Hospitals, 126 Cal.App.3d 402, 178 Cal.Rptr. 882 (Cal. App. 1981):
Accordingly, I respectfully submit what was said in Lockhart-Mummery v. Kaiser Foundation Hospitals (1980) 103 Cal.App.3d 891, 163 Cal.Rptr. 325, (involving the identical contract as at bench) applies here: "The arbitration order did not toll the statute of limitations. The entire period from date of filing the complaint should be the measuring rod and, if in excess of five years, the complaint should be dismissed under Code of Civil Procedure section 583, subdivision (b)." (Id. at p. 896, 163 Cal.Rptr. 325.) A plaintiff has the duty of demonstrating that the statute is tolled or that the entire period from date of filing the complaint should not be the measured period.
Page 887
"The most advanced legal research software ever built."
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.
