Ishler v. Miller

I

In his first proposition of law, appellant would have this court adopt a discovery rule with respect to the time within which a patient must file his malpractice claim, and hold that where a patient determines in his own mind that malpractice has been committed against him and consults lawyers to prosecute his claim, the statute of limitations begins to run at the time he determines he has a claim, although the physician-patient relationship may continue. See, e. g., Ehlen v. Burrows (1942), 51 Cal. App. 2d 141, 124 P. 2d 82; Annotation, 80 A. L. R. 2d 368, 383-384, Section 6[c]. Appellant…