Supreme Court of California

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Flores v. Presbyterian Intercommunity Hospital, 209836

In a personal injury action brought by a hospital patient who was injured when one of the rails on her hospital bed collapsed, which rail had been raised according to doctor's orders following a medical assessment of her condition, the trial court's order that the action is governed by the special limitations period in Code Civ. Proc. section 340.5 rather than the two-year statute of limitations under section 335.1, is affirmed where, because plaintiff's injury resulted from alleged negligence in the use and maintenance of equipment needed to implement the doctor's order concerning her medical treatment, plaintiff's claim sounds in professional, rather than ordinary, negligence.

Appellate Information

  • Decided
  • Published 2016/05/05

Judges

  • KRUGER

Court

  • Supreme Court of California

Counsel