Johnson v. Open Door Community Health Centers

Plaintiff’s suit for physical injuries suffered when she tripped over a scale as she left a community health facility is governed by the two-year limitations period for ordinary negligence, not the shorter limitations period for claims against a health care provider’s negligent delivery of professional services.  Plaintiff was a patient at the defendant medical center.  After her consultation with a nurse practitioner ended, with positive test results and no further treatment required, plaintiff tripped on a scale that had been moved during the consultation so as to partly obstruct plaintiff’s path to the hallway to leave.  This decision holds that plaintiff’s negligence claim arising from this incident is not subject to CCP 340.5’s limitations period for liability caused by a health care provider in rendering professional services, but rather is a general negligence claim governed by CCP 340’s two-year limitations period.

California Court of Appeal, First District, Division 4 (Reardon, J.); September 11, 2017; 2017 WL 3976813

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