JULIA ASHWORTH et al., Plaintiffs and Appellants,
v.
MEMORIAL HOSPITAL OF LONG BEACH et al., Defendants and Respondents.
Court of Appeals of California, Second District, Division Seven.https://leagle.com/images/logo.png
December 21, 1988.
December 21, 1988.
Attorney(s) appearing for the Case
COUNSEL
James A. Marcinkus and Robert L. Driskell for Plaintiffs and Appellants.
Bonne, Jones, Bridges, Mueller, O'Keefe & Hunt, Lori S. Lippman, Morgan, Wenzel & McNicholas, Nancy J. Bennett, David T. McCann, Greines, Martin, Stein & Richland, Martin Stein and Timothy T. Coates for Defendants and Respondents.
Court of Appeals of California, Second District, Division Seven.
OPINION
JOHNSON, J.
(1a) In this opinion we hold the statutory "foreign body exception" delays the start of the medical malpractice statute of limitations (Code Civ. Proc., § 340.5) until the patient discovers or through reasonable diligence would have discovered the "foreign body" itself and its role as the negligent cause of her suffering. (2a) We further hold this tolling continues even though the...
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