What is the effect of the "last element" accrual rule in medical malpractice cases?

California, United States of America


The following excerpt is from Aguilar v. Yarra, F068547 (Cal. App. 2015):

There are a handful of exceptions to the "last element" accrual rule. (Aryeh v. Canon Business Solutions, Inc., supra, 55 Cal.4th at p. 1192.) The most important of these exceptions is the discovery rule, which postpones the accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action. (Ibid.) A delayed discovery rule for legal malpractice actions is contained in section 340.6(a).

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