Statute of limitations
Filing deadline
Generally 3 years from injury or 1 year from discovery, whichever first.
State guide — CA
Medical Malpractice Lawyers in California
A plain-language guide to California medical malpractice law — filing deadlines, damage caps, and pre-suit rules patients and families should understand before contacting an attorney.
Last reviewed: · Reviewed by our editorial team.
Direct answer
In California, medical malpractice claims are governed by state-specific filing deadlines, damage caps, and pre-suit rules. Generally 3 years from injury or 1 year from discovery, whichever first. MICRA non-economic caps revised by AB 35 — phased increases for injury and death cases. A free case review can clarify how these rules apply to your situation.
Legal accuracy notice. The California statute-of-limitations, damage-cap, and pre-suit summaries on this page are general editorial guidance and may be out of date. State law changes through legislation and court decisions. Do not rely on these summaries to determine a filing deadline or case value — confirm the current rule with a California-licensed attorney before taking action.
Damage caps
Limits on recovery
MICRA non-economic caps revised by AB 35 — phased increases for injury and death cases.
Pre-suit requirements
Procedural rules
90-day pre-suit notice required.
Medical malpractice law in California
California sees medical malpractice claims arising from hospitals, clinics, and surgical centers across the state, including in Los Angeles and San Francisco. The same four elements apply everywhere: a provider-patient relationship, a breach of the accepted standard of care, causation, and real damages. State law then governs how — and how quickly — a claim must be brought.
Key California rules patients should know:
- Deadline: Generally 3 years from injury or 1 year from discovery, whichever first.
- Damage caps: MICRA non-economic caps revised by AB 35 — phased increases for injury and death cases.
- Other rules: 90-day pre-suit notice required.
For deeper detail, see our medical malpractice statute of limitations guide, medical malpractice payouts by state, compensation and damage caps overview, and how medical malpractice lawsuits work. For specific claim categories, browse all medical malpractice claim types or read our medical-legal glossary.
Claims we review in California
Common medical malpractice claims
Misdiagnosis
Wrong, missed, or delayed diagnosis that changed the outcome.
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Surgical errors
Avoidable harm during operations, including wrong-site surgery.
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Birth injuries
Negligence in prenatal care, labor, or delivery affecting mother or baby.
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Medication errors
Wrong drug, wrong dose, or dangerous prescription interactions.
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Hospital negligence
System failures: understaffing, training, credentialing, infection control.
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ER mistakes
Triage failures and missed emergencies in hospital emergency departments.
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Anesthesia errors
Dosing, monitoring, and intubation errors causing brain injury or death.
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Wrongful death
When medical negligence causes the death of a loved one.
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California FAQs
Common questions about California malpractice law
The next step
Talk to a California medical malpractice legal team
Free, confidential case review for California patients and families.
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