Arredondo

Arredondo v. Regents of University of California

Good Law
131 Cal. App. 4th 614·2005 Cal. App. LEXIS 1181·2005 Daily Journal DAR 9091·31 Cal. Rptr. 3d 800·2005 Cal. Daily Op. Serv. 6654
Court of Appeal of CaliforniaJuly 27, 2005B176881California1,556 words

Opinion

Opinion

Vogel, J.

A minor sued a healthcare provider for medical malpractice but lost on the ground that her action was time-barred. (Code Civ. Proc., § 340.5.) The minor appeals, conceding her injury manifested itself more than three years before she initiated these proceedings, but claiming her cause of action did not accrue until a later date when she discovered the allegedly negligent cause of her injury. We disagree, and conclude that a minor plaintiff (as is the rule for an adult plaintiff) has lost her right to sue if she has not filed suit within three years of the date of manifestation of her injury, notwithstanding that she might not have discovered the negligent cause of that injury.

FACTS

Lourdes A. Arredondo was seven years old when she had her fourth brain surgery for a recurring benign tumor. Although Lourdes had awakened immediately after the first three surgeries, she showed clear signs of impairment after the fourth surgery (performed on May 1, 1998, at the UCLA Medical Center). On May 2, Lourdes had trouble breathing and was reintubated. Her condition deteriorated during May, and another surgery was performed on June 5. By June 23, Lourdes was “obtunded” (mentally…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.