California Court of Appeal

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Drexler v. Petersen, 259375

When the plaintiff in a medical malpractice action alleges the defendant health care provider misdiagnosed or failed to diagnose a preexisting disease or condition, there is no injury for purposes of Code of Civil Procedure section 340.5 (which provides that a plaintiff in an action for medical malpractice must file the action within three years of the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first) until the plaintiff first experiences appreciable harm as a result of the misdiagnosis, which is when the plaintiff first becomes aware that a preexisting disease or condition has developed into a more serious one.

Appellate Information

  • Decided
  • Published 2016/10/31

Judges

  • SEGAL

Court

  • California Court of Appeal

Counsel