Yao

George C. Yao appeals from a discretionary dismissal of his medical malpractice action against Anaheim Eye Medical Group, Inc. (the medical group), Gunnar E. Christiansen, M.D. and Robert C. Wynsen, M.D. The case was dismissed on the basis of Yao’s having failed to serve the complaint until two years and forty days after its commencement. We reverse.

Factual and Procedural Background

In early 1988, Yao consulted an attorney, Edward Morris, regarding a potential medical malpractice claim. Morris ordered medical records from eight health care providers. The records of one provider were particularly difficult to obtain, and it was not until January 1989 that Morris had received all the records, reviewed and summarized them, and forwarded them to a physician to obtain a standard-of-care review. About the same time, pursuant to Code of Civil Procedure section 364, he notified a number of medical facilities and physicians, including respondents, of Yao’s intention to file a medical malpractice action. The insurer of two of the physicians advised Morris it was investigating the claim.

The standard-of-care consultant did not provide Morris with an opinion for 14 months, and…