Gutierrez v. Tostado (July 31, 2025, S283128) __ Cal.5th __
An emergency medical technician transporting a patient by ambulance rear-ended the plaintiff. Nearly two years after the accident, plaintiff filed a personal injury action. The defense argued the action was time barred under the one-year statute of limitations of the Medical Injury Compensation Reform Act (MICRA). The trial court and a divided court of appeal opinion agreed.
The California Supreme Court reversed, holding that MICRA’s one year statute of limitations applies to claims arising from professional obligations owed to patients in connection with medical care, not breaches of general duties owed to the public. The Court explained that professional negligence requires a nexus between the provision of medical care and the resulting injury. In this case, the court held the ambulance driver’s alleged failure to follow traffic laws was not connected to a professional medical duty but rather to the general duty all drivers owe to operate vehicles safely.
