What is the delayed discovery rule in medical malpractice cases?

The delayed discovery rule generally applies in two situations: (1) when the breach or the resulting injury is of such a nature that it will ordinarily be difficult for the plaintiff to immediately detect or comprehend, either because it is physically hidden (such as a subterranean trespass or a foreign object left in the body after surgery) or because it is "beyond what the plaintiff could reasonably be expected to comprehend" (such as professional negligence, when it is beyond a layperson's ability to detect or recognize a breach of the professional's standard of care); or (2) when there is a confidential or fiduciary relationship between the parties, and "application of the discovery rule 'prevents the fiduciary from obtaining immunity for an initial breach of duty by a subsequent breach of the obligation of disclosure.' " (Evans v. Eckelman (1990) 216 Cal.App.3d 1609, 1614-1615 (Evans).) "Where the facts adequately allege breach of fiduciary duty or undue influence, the courts will allow a date-of-discovery rule to be applied, ' "when strict adherence to the date of injury rule would result in unfairness to the plaintiff and would encourage wrongdoers to mislead their fiduciary to delay bringing suit. It is particularly appropriate when the defendant maintains custody and control of a plaintiff's property or interests." ' " (Estate of Young (2008) 160 Cal.App.4th 62, 77.)

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