California Medical Malpractice Laws

California medical malpractice claims have a shorter statute of limitations than general personal injury (1 year from discovery or 3 years from injury). The state caps non-economic damages under MICRA, with caps that increase annually through 2033 following the passage of AB 35 in 2022. California requires 90 days' pre-suit notice to each defendant before filing a medical malpractice lawsuit.

Last verified: 2026-02-25

Statute of Limitations

1 year from discovery or 3 years from injuryCal. Civ. Proc. Code § 340.5

Medical malpractice claims must be filed within 1 year after the plaintiff discovers (or should have discovered) the injury, but no more than 3 years after the date of the negligent act — whichever comes first.

Exceptions

Foreign Objects — 1 year from discoveryCal. Civ. Proc. Code § 340.5

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

Fraud or Concealment — 1 year from discoveryCal. Civ. Proc. Code § 340.5

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.

Minors (under age 6) — Before the child's 8th birthdayCal. Civ. Proc. Code § 340.5

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.

Fault & Liability Rules

Pure Comparative FaultLi v. Yellow Cab Co., 13 Cal.3d 804 (1975)

The same pure comparative fault rules apply as in general personal injury. If a patient's own negligence contributed to the injury, the award is reduced proportionally, but the patient can still recover.

Damage Caps

Non-Economic Damages (MICRA): $350,000–$1,000,000 (increasing annually through 2033)Cal. Civ. Code § 3333.2 (as amended by AB 35)

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.

Compensatory (Economic) Damages: No cap

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

Filing Requirements

90-Day Notice Before FilingCal. Civ. Proc. Code § 364

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.

Key California Statutes

MICRA (Medical Injury Compensation Reform Act)Cal. Civ. Code § 3333.2

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.

Informed ConsentCobbs v. Grant, 8 Cal.3d 229 (1972)

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.

Official Sources

California Legislative Information Medical Board of California

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in California.

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