Larson v. UHS of Rancho Springs
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The issue this case presented for the Court of Appeal's review centered on whether a plaintiff's claims for battery and intentional infliction of emotional distress were based on a health care provider's professional negligence and therefore subject to the one-year limitations period set forth in Code of Civil Procedure section 340.5. Plaintiff-appellant Wayne Larson alleged defendant-respondent Richard Shuman, M.D., served as the anesthesiologist on Larson's kidney stone surgery performed at defendant and respondent UHS of Rancho Springs, Inc.'s hospital. In performing a preoperative checkup and administering the anesthesia, Larson alleged Shuman committed a battery and intentionally inflicted severe emotional distress by grabbing and twisting Larson's arm, prying open his mouth, and lifting, pulling, and pushing on his face and head. The trial court sustained Shuman's and UHS's demurrers without leave to amend on the ground section 340.5's one-year limitation period applied and barred his claims. On appeal, Larson argued the two-year limitations period generally applicable to personal injury claims governs because he alleged intentional tort claims, not claims for professional negligence. The Court of Appeal disagreed with Larson's contention and affirmed the trial court's judgment: "we must look past the labels Larson uses and examine the specific conduct Larson alleged to determine which limitations period applies. Larson bases his lawsuit on Shuman's conduct in providing professional health care by performing a preoperative checkup and administering anesthesia. Larson does not allege any other purpose for the challenged conduct. Because his claims constitute a challenge to how Shuman performed his professional services, Larson's claims are based on professional negligence and barred by section 340.5's one-year limitations period."
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