Articles Posted in Supreme Court of California

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Unlike most other personal injury actions, which generally must be filed within two years of the date on which the challenged act or omission occurred, professional negligence actions against health care providers must be brought within one year after the plaintiff discovers, or should have discovered, the injury, pursuant to Cal. Civ. Proc. Code 340.5. Plaintiff was a hospital patient who was injured when one of the rails on her hospital bed collapsed. Plaintiff sued the hospital, claiming negligence in failing to inspect and maintain the equipment. The trial court dismissed the lawsuit, concluding that Plaintiff’s claim was untimely because it sounded in professional, rather than ordinary negligence, and therefore, the action was governed by the special limitations period in section 340.5. The Court of Appeal reversed, concluding that the hospital’s alleged failure to take reasonable precautions to make a dangerous condition safe sounded in ordinary negligence. The Supreme Court reversed, holding that the trial court correctly determined that section 340.5 was the applicable statute of limitations, and the Court of Appeal erred in holding to the contrary. View "Flores v. Presbyterian Intercommunity Hosp." on Justia Law