Bispo
Bispo v. Burton
Opinion
Opinion
Roth, J.
This appeal is from summary judgment against appellant on March 16, 1977, predicated on the ground that appellant’s action for medical negligence (malpractice) against respondent filed April 14, 1975, was barred by the time limitations contained in Code of Civil Procedure section 340.5.
The facts are undisputed.
Appellant was respondent’s patient from September 11, 1961, until early 1971. In July 1970, appellant was hospitalized with a fractured left hip. Surgeries were performed by respondent in connection therewith in July and October of 1970; appellant was discharged from the hospital December 31 of the same year and respondent’s last contact with her consisted of a postoperative visit on February 8, 1971. In May 1974, appellant’s left leg being found nonviable was surgically removed at the UCLA Medical Center.
From its inception in 1970 and until substantially amended in 1975, Code of Civil Procedure section 340.5 provided: “In an action for injury or death against a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopath, chiropractor, clinical laboratory…