Hills

Introduction

The trial court granted a motion for summary judgment on the ground this medical malpractice action was barred by the statute of limitations. This appeal raises the following two issues: first, whether the action is untimely as a matter of law under Code of Civil Procedure section 340.5; and second, whether the foreign body doctrine can apply where a patient received injections of liquid silicone so that the limitations period was tolled under the provisions of that statute. We agree with the trial court that the action was time barred. We accordingly affirm the judgment below.

I. Statement of facts and proceedings below

Appellant, Alys Hills, received intrabreast silicone injections from respondent, Dr. Richard Aronsohn, between April and June 1966.

In March 1974, Ms. Hills noticed lumps and experienced soreness in her breasts. She consulted with Dr. Paul Kaufman to determine whether the lumps were malignant. Dr. Kaufman ordered a mammogram which was performed by Dr. Linsman.

On March 27, 1974, Dr. Linsman reported that the mammogram showed “numerous nodular and lacy densities . . . [with] the typical appearance of what one sees following silicone…