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California Code Of Civil Procedure Section 340.5

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 340.5

In an action for injury or death against a health care
provider based upon such person's alleged professional negligence,
the time for the commencement of action shall be three years after
the date of injury or one year after the plaintiff discovers, or
through the use of reasonable diligence should have discovered, the
injury, whichever occurs first.  In no event shall the time for
commencement of legal action exceed three years unless tolled for any
of the following:  (1) upon proof of fraud, (2) intentional
concealment, or (3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of the
injured person.  Actions by a minor shall be commenced within three
years from the date of the alleged wrongful act except that actions
by a minor under the full age of six years shall be commenced within
three years or prior to his eighth birthday whichever provides a
longer period.  Such time limitation shall be tolled for minors for
any period during which parent or guardian and defendant's insurer or
health care provider have committed fraud or collusion in the
failure to bring an action on behalf of the injured minor for
professional negligence.
   For the purposes of this section:
   (1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act, or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code; and any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code.  "Health care provider"
includes the legal representatives of a health care provider;
   (2) "Professional negligence" means a negligent act or omission to
act by a health care provider in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death, provided that such services are within the
scope of services for which the provider is licensed and which are
not within any restriction imposed by the licensing agency or
licensed hospital.

Last modified: July 31, 2008