Daily Blast October 3, 2014

The California Court of Appeal, Fourth Appellate District, Division Three (Orange County) published its opinion in Larson v. UHS of Rancho Springs, Inc. (Sept. 3, 2014, G050081) __ Cal.App.4th __, analyzing “whether a plaintiff’s claims for battery and intentional infliction of emotional distress are 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.” (Slip opn. p. 2.) The Court of Appeal held the one-year statute of limitations applied because the claims constitute a challenge to how the professional services were performed. (Ibid.)

Defendant Shuman was plaintiff Larson’s anesthesiologist for his kidney stone surgery performed at UHS of Rancho Springs, Inc. (“UHS”).(Slip opn., p. 2.) Larson alleged that while performing a preoperative checkup and administering the anesthesia, Shuman committed a battery and intentionally inflicted severe emotional distress by grabbing and twisting Larson’s arm, prying his mouth open, and lifting, pulling and pushing on his face and head. (Ibid.) The trial court sustained Shuman’s and UHS’s demurrers without leave to amend on the ground that section 340.5’s one-year limitation period applied and barred Larson’s causes of action. Larson appealed claiming the two-year limitations period applicable to personal injury cause of action applied. (Ibid.)

The Court of Appeal stated it must look past the labels Larson uses and examine the specific conduct Larson alleged to determine which limitations period applies. (Slip opn., p. 2.) Because Larson based his lawsuit on Shuman’s conduct in providing professional health care and did not allege any other purpose for the conduct, his claims were based on professional negligence and barred by section 340.5’s one-year limitations period. (Ibid.)

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