California Medical Malpractice Laws

If a foreign object was left in the body during surgery, the 1-year discovery rule applies without the 3-year outer limit.

If the healthcare provider fraudulently concealed the wrongful act, the 3-year outer limit does not apply. The 1-year period begins when the patient discovers the concealment.

For children under 6 at the time of malpractice, the deadline is extended to before the child's 8th birthday or within 3 years of the act, whichever provides a longer period.

MICRA caps non-economic damages (pain and suffering) in medical malpractice cases. Following AB 35 (effective 2023), the cap starts at $350,000 for injury cases and $500,000 for wrongful death, increasing by $40,000 and $50,000 respectively each year until 2033.

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

The plaintiff must give 90 days' written notice to each defendant before filing a medical malpractice lawsuit. The statute of limitations is tolled during this 90-day period.

Originally passed in 1975, MICRA caps non-economic damages in medical malpractice cases. AB 35 (2022) updated the caps and introduced annual increases. The caps apply per-plaintiff across all defendants.

Healthcare providers must disclose material risks, alternatives, and consequences of proposed treatment. Failure to obtain informed consent can be a basis for a malpractice claim.