Larcher v. Wanless

Opinion

MOSK, J.

We are here called upon to construe Code of Civil Procedure section 340.5, the statute of limitations for medical malpractice suits, as it applies to wrongful death actions.

At the time this action arose, section 340.5 provided in relevant part: “[i]n an action for injury or death against a physician or surgeon . . . based upon such person’s alleged professional negligence ... [the statute of limitations shall be] four years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever…