Larson

In this appeal, we must decide whether a plaintiff’s claims for battery and intentional infliction of emotional distress are based on a health care provider’s professional negligence and therefore are subject to the one-year limitations period set forth in Code of Civil Procedure section 340.5. Plaintiff and appellant Wayne Earl Larson alleges defendant and respondent Richard Shuman, M.D., served as the anesthesiologist on Larson’s kidney stone surgery performed at defendant and respondent UHS of Rancho Springs, Inc.'s (UHS) hospital. In performing a preoperative checkup and administering the anesthesia, Larson alleges Shuman committed a battery and intentionally inflicted severe emotional distress by grabbing and twisting Larson’s arm, prying open his mouth, and lifting, pulling, and pushing on his face and head. The trial court sustained Shuman’s and UHS’s demurrers without leave to amend on the ground section 340.5’s one-year limitation period applied and barred Larson’s claims.

Larson contends the two-year limitations period generally applicable to personal injury claims governs because he alleged intentional tort claims, not claims for professional negligence. As…