Statute Of Limitations In Medical Setting.

Plaintiff alleged a doctor committed battery and inflicted IIED.  The trial court dismissed plaintiff’s action, after concluding the CCP § 340’s one-year statute of limitations, and not the general personal injury two-year limitations period, applies. In affirming, the appellate court explained: “We must look past the labels [plaintiff] uses and examine the specific conduct [plaintiff] alleged to determine which limitations period applies. [Plaintiff] bases his lawsuit on [the doctor’s] conduct in providing professional health care by performing a preoperative checkup and administering anesthesia. [Plaintiff] does not allege any other purpose for the challenged conduct. Because his claims constitute a challenge to how [the doctor] performed his professional services, [plaintiff’s] claims are based on professional negligence and barred by section 340.5’s one-year limitations period.” (Larson v. UHS of Rancho Springs, Inc. (Cal. App. Fourth Dist., Div. 3; October 2, 2014) (As mod. October 2, 2014) 230 Cal. App. 4th 336, [179 Cal.Rptr.3d 161].)