Drexler v. Petersen

Plaintiff filed a medical malpractice action against his primary care physician, neurologist, and their employer, alleging that he was misdiagnosed in regard to the cause of his headaches. The court held that, 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 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. In this case, because there are disputed issues of material fact regarding whether plaintiff discovered his injury within the meaning of section 340.5 more than one year before he filed this action, the court reversed the trial court's grant of defendants' motion for summary judgment. View "Drexler v. Petersen" on Justia Law