Ashworth v. Memorial Hospital of Long Beach

Opinion

JOHNSON, J.

In this opinion we hold the statutory “foreign body exception” delays the start of the medical malpractice statute of limitations (Code Civ. Proc., § 340.5) until the patient discovers or through reasonable diligence would have discovered the “foreign body” itself and its role as the negligent cause of her suffering. We further hold this tolling continues even though the plaintiff has filed an earlier action based on other forms of malpractice occurring during the same medical treatment where this earlier action has been dismissed without prejudice.

Statement of Facts and…