Porter v. Alameda Co. Medical Center
Plaintiff was treated after an automobile accident at Highland Hospital, a county-owned hospital in Oakland. A few days after his discharge from the hospital, still suffering pain, Plaintiff was admitted to a second hospital and diagnosed with a perforated colon. At some unspecified time, Plaintiff discussed his situation with other doctors and was told Highland Hospital was not at fault in failing to detect the colon perforation. More than two years after the accident, however, he consulted with a doctor who opined, to the contrary, that the hospital’s failure had violated the standard of care. Only after this consultation did Porter submit a claim for personal injury to the hospital. The claim was denied as untimely. Plaintiff then sought leave to file a late claim from the trial court, arguing that accrual of his cause of action was tolled by the discovery rule. The trial court rejected the argument and denied the petition. Court affirms.
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