Medical Malpractice Statute of Limitations Tolled by Insurance Code Section 11583

  Determining when the statute of limitations expires is not always easy. This is particularly true in medical malpractice cases which are governed by two Code of Civil Procedure sections: 340.5 and 364. Additionally, other statutes may act to toll the applicable statute of limitations. One such statute is Insurance Code section 11583. It provides that the applicable statute of limitations is tolled when advance or partial payment is made to an injured and unrepresented person without notifying him of the applicable limitations period. Continue reading

Counseling Session Tolls Statute of Limitations for Sexual Abuse Victim

  This case, Doe v. Doe, caught my eye because of the title. There are very few published cases entitled Doe v. Doe or Doe v. Roe. So, I had a look-see. The case is about the sexual molestation of a young parishioner by a Catholic priest and whether the case is time barred.

  There are no salacious or illicit details and it’s a tedious read — probably only of interest to the Catholic Church and its childhood sexual abuse victims – because of the tortured history of the statute of limitations. The case turns on the question of whether Insurance Code section 11583 operates to toll the statute of limitations so that, under the specific facts of the case, plaintiff’s action was timely filed. Continue reading