Recent Wins

May 18, 2010 Martin Stein, Carolyn Oill Healthcare Law
Court of Appeal holds that wheeling a patient between testing rooms in a hospital is the provision of health care for purposes of the statute of limitations

Torihara v. The Regents of the University of California (2010) 2010 Cal.App. Unpub. LEXIS 3690 (California Court of Appeal, Second Appellate District, Division Eight) [unpublished]. Plaintiff injured his foot when the wheelchair in which he was riding hit a wall. He was in the hospital at the time, being pushed between the CT room and the x-ray room, for doctor-ordered tests for possible head injuries. Plaintiff did not file his action against the hospital within the one-year period of Code of Civil Procedure section 340.5, which governs medical negligence actions, and summary judgment was entered for the hospital. The court of appeal affirmed, holding that, regardless of the amount or quality of skill required to push the wheelchair, plaintiff was in the midst of receiving medical attention when he hurt his foot and, therefore, his action was covered by the MICRA statute of limitations.