Gutierrez v. Mofid

Opinion

GRODIN, J.

A medical malpractice action must be commenced within one year after the patient “discovers, or through the use of reasonable diligence should have discovered” his “injury.” (Code Civ. Proc., § 340.5.)1 Is the time of “discovery” postponed when a suspicious patient consults an attorney who advises that there is no legal remedy? We conclude that it is not. We will therefore affirm the summary judgment in favor of these malpractice defendants.

Facts

Plaintiff entered defendant White Memorial Medical Center (the hospital) in December 1978 with a pain in her right side. On December…