Every state, including California, has statutes of limitations that govern when legal claims must be filed. The medical malpractice statute of limitations is three years from the date of the injury or one year from the date that the plaintiff learns that he or she has been injured or reasonably should have learned about the injury. However, the delayed discovery rule provides an exception to the statute of limitations in cases in which a person’s discovery of his or her injury’s cause is delayed for some period after the incident. In Brewer v. Remington
, Cal. Ct. App., Case No. F076467, the court considered whether the delayed discovery rule applied when a woman became paralyzed after a routine surgery and subsequently sought treatment from a neurological surgeon.
Factual and procedural background
Judith Brewer had carpal tunnel and shoulder surgery performed on April 22, 2013, at Doctors Medical in Modesto, California. The doctors who performed the surgical procedures were Drs. Bedi and Pistel. The morning after her surgery, Brewer suffered from paralysis and lost sensation in her arms and legs. She returned to Doctors Medical and had an MRI performed. The MRI revealed that she suffered from central cord syndrome, paraplegia, and incontinence and needed a cervical discectomy and extensive rehabilitation. Dr. Benjamin J. Remington saw Brewer on April 24, 2013. He noted in her chart that the functioning of Brewer’s lower extremities had further declined. Instead of performing an emergency spinal decompression procedure, Remington chose to wait to perform the surgery until May 30, 2013, to allow the swelling to go down.