Enfield v. Hunt

In Enfield v. Hunt (1979) 91 Cal. App. 3d 417, the plaintiff experienced right foot paralysis immediately after lumbar disc surgery but was assured by her physician the condition was temporary and would improve. She subsequently made reasonable, but unsuccessful, efforts to identify the cause of the paralysis by seeing other physicians and an attorney who advised her that temporary paralysis could occur with the exercise of reasonable care. After her condition was deemed permanent by yet another physician, she filed suit. The trial court granted defendant's motion for summary judgment on the ground that her action was not brought within one year after she discovered or, through the use of reasonable diligence, should have discovered her injury. The Court of Appeal reversed, concluding that a question of fact remained in dispute as to whether she exercised due diligence in discovering her injury. "It would be contrary to public policy to reach a result in this case which would in effect require an attorney to file a malpractice action at a time when the evidence available to the attorney indicates the action has no merit." ( Id. at p. 424.)