California, United States of America
The following excerpt is from Norgart v. Upjohn Co., 21 Cal. 4th 383, 21 Cal.4th 383, 87 Cal.Rptr.2d 453, 981 P. 2d 79 (Cal. 1999):
5 We observe in passing that, for a cause of action for wrongful death specifically "against a health care provider based upon such person's alleged professional negligence" (Code Civ. Proc., 340.5)--which the Norgarts did not bring in the operative complaint--the statute of limitations incorporates both the general rule for defining the accrual of a cause of action and also the discovery rule as an exception thereto, inasmuch as it generally prescribes a limitations period of three years from the date on which the cause of action becomes complete with all of its elements, that is, the date of death, or a limitations period of one year after the date on which the plaintiff comes at least to suspect, or have reason to suspect, a factual basis therefor, depending on which of the two dates is the earlier. (Ibid.) For such a cause of action, the operation of the discovery rule is effectively limited by the operation of the general rule. (See, e.g., Brown v. Bleiberg (1982) 32 Cal. 3d 426, 432 [186 Cal. Rptr. 228, 651 P.2d 815].) Whether any assumed operation of the discovery rule should similarly be limited for a cause of action for wrongful death generally is a question we need not, and do not, answer.
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