Segura

Plaintiff, Martin J. Segura, appeals from the summary judgment in favor of defendants Franklin Brundage, M.D., and A. J. DeGasis, M.D., in his action for damages for personal injuries allegedly caused by their medical malpractice. The complaint, filed July 19, 1974, alleged that defendants were employed “as said plaintiff’s physicians to treat said plaintiff professionally and specifically, said treatment was to accomplish the birth of plaintiff Martin J. Segura.” The time of the alleged services was stated as “from and after December] 23, 1966,” thus disclosing that the suit was not commenced until more than six years after plaintiff’s birth.

Defendants demurred to the complaint upon the ground that it disclosed the plaintiff’s injuries were prenatal and that the action was therefore barred by the provisions of Civil Code section 29. The demurrer was sustained with leave to amend. Plaintiff filed a first amended complaint which sought to avoid the bar of Civil Code section 29 by alleging that his parents were “unaware of the cause and nature of the injury sustained” by virtue of defendants’ failure to advise them “of the facts surrounding the negligent, unskillful, and…