Flores v. Sharp Grossmont Hospital CA4/1
Eduardo Flores sued Sharp Grossmont Hospital (Sharp) seeking to recover for injuries suffered during a surgery. The court granted Sharp's motion for judgment on the pleadings, finding Flores's claims were untimely under the one-year limitations period for medical malpractice actions. (Code Civ. Proc., § 340.5.) We determine Flores met his appellate burden to show a reasonable possibility he can amend his complaint to show the limitations period was tolled during his claimed incapacity. (See § 352.) We thus reverse with directions. To satisfy his pleading burden on remand, Flores must allege facts (1) specifying the nature of Sharp's alleged wrongdoing and breach of duty owed to him; (2) describing the nature of his claimed incapacity and the time period he claims he was incapacitated; and (3) showing his claim was timely under applicable tolling principles.
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