Does the "rule of discovery" continue in its application to medical malpractice actions under section 340.5?
California, United States of America
The following excerpt is from Donabedian by Donabedian v. Manzer, 153 Cal.App.3d 592, 200 Cal.Rptr. 597 (Cal. App. 1984):
Similar appellate court discordancies are found in various other interpretations of section 340.5. Some hold that the "rule of discovery" continues in its application to medical malpractice actions under section 340.5; others expressly hold that it does not. (See, e.g., Leaf v. City of San Mateo (1980) 104 Cal.App.3d 398, 407, 408, 163 Cal.Rptr. 711, vis a vis Sevilla v. Stearns-
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