Anson v. County of Merced

Anson v. County of Merced (1988) 202 Cal.App.3d 1195, was a medical negligence action against a public entity. There, the plaintiff's late discovery of the negligence delayed the filing of her lawsuit pursuant to Code of Civil Procedure section 340.5, and so, while it was timely filed under MICRA, it was brought beyond the six-month deadline in Government Code section 945.6. The Anson complaint was delayed under MICRA. Anson held that the six-month deadline of Government Code section 945.6 nonetheless controlled over the one-year statute in Code of Civil Procedure section 340.5. Anson explained, "It would be incongruous if plaintiff could now invoke the provisions of one statute which was intended by the Legislature to limit medical malpractice claims in order to escape the effect of another statute of limitations with a similar goal and thereby be permitted to maintain her action." (Anson v. County of Merced, supra, at p. 1202.)