SANTA BARBARA
Did you know? Under C.C.P. Code § 340.5 A medical malpractice action for injury or death of an adult must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury, however actions by or on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child's eighth birthday, whichever provides the longer time period. This means that the statutory period begins to run for adults at the time of discovery but for minors at the time of the negligent act. Some courts have begun to read a discovery rule into the provision for minors, on the theory that not to do so would deny minors the equal protection of the law. See Photias v. Doerfler, 45 Cal. App. 4th 1014, 53 Cal. Rptr. 2d 202 (1996); Katz v. Children's Hospital of Orange County, 28 F.3d 1520 (9th Cir. 1994).
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