CA · jury_instructions
CACI No. 556
Affirmative Defense—Statute of Limitations—Medical
Malpractice—Three-Year Limit (Code Civ. Proc., § 340.5)
[Name of defendant] contends that [name of plaintiff]’s lawsuit was not
filed within the time set by law. To succeed on this defense, [name of
defendant] must prove that [name of plaintiff]’s alleged injury occurred
before [insert date three years before date of filing].
[If, however, [name of plaintiff] proves
[Choose one or more of the following options:]
[that [he/she/ nonbinary pronoun/it] did not discover the alleged
wrongful act or omission because [name of defendant] acted
fraudulently[,/; or]]
[that [name of defendant] intentionally concealed facts constituting the
wrongful act or omission[,/; or]]
[that the alleged wrongful act or omission involved the presence of an
object that had no therapeutic or diagnostic purpose or effect in [name of
plaintiff]’s body[,/;]]
the period within which [name of plaintiff] had to file the lawsuit is
extended for the amount of time that [insert tolling provision, e.g., [name
of defendant] intentionally concealed the facts].]
New April 2009; Revised November 2017
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
62ec28501db42abb19bb824cc7e0970d7cf5a809775d02d7d6b0fd8bcb39bbd6
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