discovery rule
discovery rule. Civil procedure. The rule that a limitations period does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury giving rise to the claim. • The discovery rule usu. applies to injuries that are inherently difficult to detect, such as those resulting from medical malpractice. See STATUTE OF LIMITATIONS. Cf. OCCURRENCE RULE. [Cases: Limitation of Actions 95, 100. C.J.S. Employer–Employee Relationship § 87; Limitations of Actions §§ 87, 131, 138, 142, 164–165, 167–168, 170–173, 175–176, 183, 192, 198–205; Physicians, Surgeons, and Other Health-Care Providers § 108; RICO (Racketeer Influenced and Corrupt Organizations) § 16.]
