This question was posted on our Reddit forum:

“I’ll keep this short so people actually read it — but I really need help understanding whether the delayed-discovery rule applies to my situation.

🔹The Basics • California • Ankle fracture → June 2024 • First ortho: no X-ray, no cast, told “it will heal on its own” • I got worse for 16 days • Specialist later said surgery should’ve been done within 48 hours • Needed ORIF → plate + 9 screws

🔹2024–2025 • Every follow-up X-ray was reported as “healing fine” • I trusted the doctors because nothing showed as abnormal

🔹November 2025 (KEY DISCOVERY DATE?)

New X-rays show: • Titanium screws fragmenting • Bone healed incorrectly • Hardware failure likely related to the delayed initial treatment • I now need a trauma surgeon + more surgery

This is the first time anyone told me the original June 2024 care caused long-term damage.

🔹The Problem

Some attorneys say the statute already expired because the injury happened in 2024.

But under CCP 340.5, the 1-year limit starts at discovery, NOT symptoms — and I didn’t “discover” malpractice until Nov 2025 when imaging confirmed hardware failure + improper healing.

🔹My Question

Does the delayed-discovery rule mean I still have until Nov 2026 (1-year) and June 2027 (3-year cap)?

Looking for: • California attorneys • Anyone experienced with med-mal timelines • People familiar with the discovery rule

Please help — I’m getting conflicting answers and need clarity before I lose my chance.”