What is the current state of the law on medical malpractice under the Federal Trade Commission Act?

The statute of limitations for medical malpractice claims brought under the FTCA begins to run when the plaintiff has knowledge of both the injury and the cause. Kubrick v. United States, 444 U.S. 111, 122 (1979). Accrual does not "await awareness by the plaintiff that his injury was negligently inflicted." Id. at 123. This is essentially an inquiry notice rule. When the plaintiff has sufficient information to begin asking questions, the claim accrues for the purposes of 2401(b).

The Kubrick rule has been further refined for cases involving failure to warn, diagnose, or treat. In such cases, we have held that a claim accrues under the FTCA when the plaintiff knows or should have known about the development of a pre-existing condition into a more serious medical problem. See Augustine v. United States, 704 F.2d 1074, 1078 (9th Cir.1983).