In a negligence action against a public-entity health-care provider, trial court judgment is affirmed where: 1) plaintiffs must comply with both the six-month statute of limitations in the Government Claims Act and the three-year statute in the Medical Injury Compensation Reform Act (MICRA) when bringing actions for medical negligence against public entities where the latter deadline is the outside date by which plaintiffs must file their suits against public-entity health-care providers; and 2) plaintiff’s complaint was untimely filed despite being timely under the Act, as it was filed more than a year after the expiration of the three-year date in MICRA.
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Appellate InformationAPPEAL from a judgment of the Superior Court of Los Angeles County, John P. Farrell, Judge. Affirmed.SECOND APPELLATE DISTRICT, DIVISION THREEFiled June 29, 2009
JudgesBefore ALDRICH, J., CROSKEY, Acting P.J., KITCHING, JOpinion ALDRICH, J.
CounselFor Plaintiff: Law Offices of Sean M. Burke and Sean M. Burke. For Defendant: Law Offices of David J. Weiss, David J. Weiss and Peter M. Bollinger; Pollak, Vida & Fisher and Daniel P. Barer.
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