Jacoby v. Kaiser Foundation Hospital

OPINION OF THE COURT BY

BURNS, J.

Plaintiffs-Appellants Nadine Jacoby (Nadine) and Robert Jacoby (Robert) appeal from the summary judgment entered against them on their tort claim.

The issue is whether the lower court erred when it concluded, as a matter of law, that plaintiffs discovered, or through the use of reasonable diligence should have discovered, the alleged malpractice, on or before May 26,1974. We hold that the lower court erred.

Nadine became a member of the Kaiser Health Plan in November 1968. In October 1971, Kaiser gave her an arteriogram. In September 1972, Kaiser grafted arteries…