California Court of Appeal

In a negligence suit brought by a patient injured while he was being transported in the hospital on a gurney, filed more than one year, but less than two years, after his injury, the trial court's grant of defendants' motion for summary judgment, concluding the complaint was time-barred by Code of Civil Procedure section 340.5, which imposes a one-year statute of limitations when an injury is caused by the professional negligence of a health care provider, is affirmed where plaintiff's claims were barred by Code of Civil Procedure section 340.5's statute of limitations because the transfer of plaintiff in the hospital on a gurney was integrally related to his medical treatment or diagnosis, and, therefore, the injury occurred in the rendering of professional services.

Appellate Information

• Published 2016/10/18

Judges

• FYBEL

Court

• California Court of Appeal

Counsel