Does the statute of limitations for medical malpractice start running?

California, United States of America


The following excerpt is from Allred v. Bekins Wide World Van Services, 120 Cal.Rptr. 312, 45 Cal.App.3d 984 (Cal. App. 1975):

[45 Cal.App.3d 991] The Neel v. Magana, etc.--Budd v. Nixen court then held that, as in other cases of professional malpractice, the statute of limitations for legal malpractice does not start running, and 'that the cause of action in tort does not accrue until the client both sustains (some) damage (but not necessarily 'all, or even the greater part'), and discovers, or should discover, his cause of action.' (Budd v. Nixen, supra, 6 Cal.3d 195, 201, 203, 98 Cal.Rptr. 854, 491 P.2d 438.)

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