California’s two-clock rule (CCP § 340.5)
California gives a patient the shorter of two periods: 1 year from the date the patient discovered, or reasonably should have discovered, the injury, or 3 years from the date of injury.[1] The 1-year clock starts when the patient suspects, or a reasonable person would suspect, that the injury was caused by someone’s negligence; it does not wait until a lawyer or second doctor confirms it.
| Clock | Runs from | Ends |
|---|---|---|
| 1 year from discovery | February 2, 2026 | February 2, 2027 |
| 3 years from injury | April 10, 2025 | April 10, 2028 |
| Deadline (earlier date) | February 2, 2027 |
The 3-year outer limit is tolled only for three reasons listed in the statute: proven fraud, intentional concealment, or the presence of a foreign body with no therapeutic or diagnostic purpose.[1]
The 90-day notice can extend the deadline
Before suing a health care provider for professional negligence, the patient must give the provider at least 90 days’ notice of intent to sue.[2] If that notice is served within the last 90 days before the limitation period expires, the deadline is extended to 90 days after the notice was served.[2] In practice, lawyers serve the notice early enough that the extension is a safety net, not a plan.
Medical malpractice deadlines for minors in California
A child’s malpractice claim must be filed within 3 years of the wrongful act, but a child injured before age 6 has until the later of that date or the child’s 8th birthday.[1] This is a special rule: California’s general rule that the clock does not run during minority does not apply to malpractice.[6]
| Rule | Date |
|---|---|
| 3 years from the wrongful act | July 1, 2027 |
| 8th birthday (child injured under 6) | May 15, 2029 |
| Deadline (later date) | May 15, 2029 |
Public hospitals: a 6-month claim first
If the provider is a public entity, such as a county hospital or University of California medical center, a written government claim must be presented within 6 months of the injury before any lawsuit.[5] That deadline is far shorter than § 340.5, and the age-based tolling for minors does not apply to claims that must first be presented to a public entity.[6]
MICRA damage caps in 2026
For cases filed in 2026, the cap on non-economic damages (pain, suffering, loss of enjoyment) is $470,000 when the patient survives and $650,000 in a wrongful death case. AB 35 raised the old $250,000 cap starting January 1, 2023, and adds $40,000 and $50,000 each January until reaching $750,000 and $1,000,000; from 2034 the amounts rise 2% a year.[3] Economic damages (medical bills, lost earnings) are not capped.
| Year | Injury (no death) | Wrongful death |
|---|---|---|
| 2023 | $350,000 | $500,000 |
| 2024 | $390,000 | $550,000 |
| 2025 | $430,000 | $600,000 |
| 2026 | $470,000 | $650,000 |
| 2027 | $510,000 | $700,000 |
| 2028 | $550,000 | $750,000 |
Attorney fees are also capped: 25% of the recovery if the case settles before a lawsuit or arbitration demand is filed, and 33% after filing.[4]
Related California deadlines
Most other California injury claims have a 2-year deadline; see the full list on the statute of limitations in California page. If a malpractice death is involved, compare the wrongful death statute of limitations. Other states’ rules are on the medical malpractice statute of limitations by state page, and the statute of limitations calculator gives the 3-year date for any start date.
Frequently asked questions
What is the medical malpractice statute of limitations in California?
When does the 1-year discovery period start?
How long does a child have to sue for medical malpractice in California?
What is the MICRA cap in 2026?
Sources
- Cal. Code Civ. Proc. § 340.5: medical malpractice limitation period
- Cal. Code Civ. Proc. § 364: 90-day notice of intent to sue a health care provider
- Cal. Civ. Code § 3333.2: limits on noneconomic damages (MICRA, as amended by AB 35)
- Cal. Bus. & Prof. Code § 6146: attorney fee limits in professional negligence cases
- Cal. Gov. Code § 911.2: claims against the state
- Cal. Code Civ. Proc. § 352: tolling for minors