Zambrano

Linda Marie Zambrano and Arthur D. Zambrano appeal the judgment of dismissal of their complaint against Milford E. Dorough, M.D., for medical malpractice. After a bifurcated trial on the issue of the statute of limitations, the court found the complaint was filed more than one year after Zambrano had knowledge of her injury and was thus barred by Code of Civil Procedure section 340.5.

On December 31, 1976, Linda Zambrano, then 20 years old, had a copper seven I.U.D. removed in the emergency room of Westminster Hospital after experiencing severe abdominal pain and vaginal bleeding. She first saw Do-rough on January 5, 1977 after a recurrence of her symptoms. He diagnosed her as having miscarried an undetected pregnancy and admitted her into Hoag Hospital where he performed a dilation and curettage on her the next day. She was discharged in satisfactory condition on January 8, and was seen by Dorough for a followup visit on January 14. At that visit, Zambrano complained of pain and of passing large blood clots, but Dorough described her condition as “un-noteworthy. ”

On January 26, Zambrano went to Dorough’s office complaining of severe, sharp rectal pain and acute lower…