Bertha Estrella v. George A. Brandt, M.D., and French Hospital

Plaintiff Bertha Estrella appeals from summary judgment entered for defendants George A. Brandt, M.D., and French Hospital in this medical malpractice action. Because we conclude that the District Court erroneously interpreted the applicable statutes of limitations, Cal.Civ.Pro.Code §§ 340.5, 356, 364, we reverse.

I. FACTS

Plaintiff was admitted to French Hospital on May 27,1977, suffering multiple complications of eclampsia related to her pregnancy. Her blood pressure was elevated, her extremities were swollen, and within an hour she convulsed. Six hours later she was transferred to Los Angeles County/USC Medical Center, where her baby was delivered by Caesarian section.

Between May 27 and June 8, 1977, plaintiff suffered a number of serious medical problems, most of which were resolved by the time of her discharge from the Medical Center on June 19,1977. Plaintiff contends that sometime after June 19, 1977, she discovered she had suffered brain damage. Plaintiff, however, submitted no probative evidence in her summary judgment papers relating to the alleged brain damage.

Plaintiff served the requisite Notice of Intent to commence an action against defendants on April 21,…