Does the statute of limitations for medical malpractice apply when the client discovers the cause of action?

California, United States of America


The following excerpt is from Knoell v. Petrovich, 76 Cal.App.4th 164, 90 Cal.Rptr.2d 162 (Cal. App. 1999):

Appellant, however, argues that the four-year statute of limitations for legal malpractice applies. (Code Civ. Proc., 340.6, subd. (a)(3).) "Section 340.6 provides that the statute of limitations for legal malpractice commences when the client discovers, or should have discovered, the cause of action. The period is tolled during the times, inter alia, (i) the client `has not sustained actual injury,' (ii) the negligent attorney continues to represent the client, (iii) the attorney willfully conceals facts constituting the negligence, or (iv) the plaintiff is under a disability that `restricts the plaintiffs ability to commence legal action.'" (Laird v. Blacker (1992) 2 Cal.4th 606, 609, 7 Cal.Rptr.2d 550, 828 P.2d 691; emphasis added.)

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