Mir v. Deck (Summary)

CIVIL RIGHTS/RICO

Mir v. Deck, No. SACV 12-1629-RGK (SH) (C.D. Cal. Sept. 11, 2013)

The United States District Court for the Central District of California granted hospital defendants’ motions to dismiss a physician’s complaint for civil rights violations, defamation, RICO violations, intentional interference with prospective economic advantage, intentional infliction of emotional distress and malicious prosecution.

The hospital terminated the physician’s clinical privileges in 2000 after he performed a series of surgeries on a woman that ultimately led to an above-the-knee amputation due to gangrene.  The court held that the physician’s claims were time-barred by the applicable statute of limitations, since he became aware of the injury in 2000, when his privileges were terminated.  California has a two-year statute of limitations for personal injury actions, which does not apply retroactively to claims that accrued before January 1, 2003.  By the time the physician had filed his original complaint in 2012, the applicable statute of limitations had already expired.  Also, there is a four-year statute of limitations on bringing civil RICO claims, which begins accruing once the plaintiff has either actual or constructive notice of the injury.

• Order
• Report & Recommendation