Simpson v. Zhang
Plaintiff and appellant Rosa Simpson sued defendant and respondent Jiachang Zhang for dental malpractice, alleging his negligence in performing a dental implant procedure permanently damaged a nerve in her jaw. Zhang moved for summary judgment based on the one-year limitations period that Code of Civil Procedure section 340.5 establishes for all professional negligence claims against healthcare providers.[1] The trial court granted the motion and entered judgment against Simpson. We affirm.
Section 340.5’s one-year limitations period starts when the plaintiff discovers or reasonably should have discovered both her injury and that someone’s wrongdoing likely caused it. Simpson testified she felt an electric shock as Zhang drilled the socket for her implant, and she immediately thought he had done something wrong. The next day Simpson returned to Zhang’s office to complain about the pain. After examining Simpson and taking an x-ray, Zhang apologized to Simpson, admitting the
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