Knox v. Superior Court

Opinion

ROTH, P. J.

In this original mandamus proceeding, we determine the statute of limitations applicable to a minor’s cause of action for prenatal medical malpractice. We conclude the provisions of section 340.5 of the Code of Civil Procedure govern and we grant a peremptory writ to compel entry of summary judgment in favor of defendants.

The relevant facts summarized briefly follow:

Plaintiff was bom on October 11, 1970, at Inter-Community Hospital (Hospital) under the care of Dr. Jesse Knox (Doctor). Approximately two years later, plaintiff was diagnosed as having cerebral palsy. In August…