A discovery rule can affect when a limitations period begins, but it is not universal
Some jurisdictions tie accrual or an exception to when an injury and its possible cause were or reasonably should have been discovered. Other rules, statutes of repose, notice requirements, or special exceptions may still apply.
Build a discovery timeline
- Date of the original treatment
- Date symptoms or injury first appeared
- Date a later provider identified a possible prior error
- Date records or test results revealed new information
- Date the patient first connected the injury to the questioned care
Do not calculate a deadline from this page
Accrual and discovery are legal questions. Counsel should review the governing statute and cases along with any repose period or pre-suit rules.
Check current law before relying on a procedural rule
Medical-malpractice filing rules differ by state and can change. Use the relevant court, legislature, medical-board, and lawyer-licensing sources, and ask licensed counsel to calculate deadlines or filing requirements for a specific matter.