California Appellate Tracker

Nava v. Saddleback Memorial Medical Center

October 31, 2016

The one-year limitations period governing medical malpractice actions (CCP 340.5) governs a claim of injury suffered on a fall from a hospital gurney, since gurney transport was under a doctor’s orders and was integral to the patient’s treatment.

Following Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, this decision holds that the one-year limitations period governing medical malpractice actions (CCP 340.5) governs this plaintiff’s claim of injury through falling off a gurney at a hospital. Plaintiff would not have been placed on a gurney to be transported from one place to another without a doctor’s order. So the gurney transport was integrally related to his medical diagnosis and treatment, thus subject to CCP 340.5.

California Court of Appeal, Fourth District, Division 3 (Fybel, J.); September 23, 2016 (published October 18, 2016); 2016 WL 5338541

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Nava v. Saddleback Memorial Medical Center

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