Page v. Mission Hospital CA4/3
Marjorie Page sued Mission Hospital for battery and intentional infliction of emotional distress. Page was injured when Mission Hospital employees subdued her and shackled her to a gurney when a physician determined Page needed a psychiatric evaluation and treatment. The trial court sustained a demurrer to Page’s second amended complaint without leave to amend. We affirm. Page’s complaint was subject to the statute of limitations of Code of Civil Procedure section 340.5, which requires that an action arising out of an injury caused by the professional negligence of a healthcare provider be filed within three years of the date of the injury, or one year from the date the plaintiff discovers or reasonably could have discovered the injury, whichever comes first. In this case, the one-year-from-discovery date occurred before the three-year-from-injury date, so that is the applicable statute of limitations.
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