A number of general legal problems have arisen out of malpractice actions and applicable statutes of limitations. Thus, the fact that there is a choice as to which event starts limitations running against the malpractice actions, either the physician's wrongful act or omission, or when such act or omission resulted in injury, is as naturally susceptible of varying judicial interpretation as the myriad of other legal situations. The situation that too often fosters injustice and thereby demands immediate and appropriate action, whether legislative or judicial, is that predicament where the wrongful act of a medical practitioner results in injury, but the injured party is unable to discover in the exercise of reasonable diligence that he has been injured until the applicable limitation period has expired.
Stanley Sacks, Statutes of Limitations and Undiscovered Malpractice, 16 Clev.-Marshall L. Rev. 65 (1967)