California · MICRA

Medical malpractice statute of limitations: California

Under the medical malpractice statute of limitations California applies, a lawsuit must be filed within 1 year after the patient discovers the injury or 3 years after the injury, whichever comes first (Code of Civil Procedure § 340.5). The 3-year limit is extended only for fraud, intentional concealment or a foreign object left in the body.

Statute of Limitations by State editorial teamUpdated 6 sources

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.

Worked example: injury on April 10, 2025, discovered on February 2, 2026
ClockRuns fromEnds
1 year from discoveryFebruary 2, 2026February 2, 2027
3 years from injuryApril 10, 2025April 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]

Example: child born May 15, 2021, injured July 1, 2024
RuleDate
3 years from the wrongful actJuly 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.

California MICRA non-economic damages caps by year a case is filed (Civ. Code § 3333.2)
YearInjury (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]

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?
1 year from discovery of the injury or 3 years from the injury, whichever comes first, under Code of Civil Procedure § 340.5. The 3-year limit is extended only for fraud, intentional concealment, or a non-therapeutic foreign object.
When does the 1-year discovery period start?
When the patient knows, or reasonably should suspect, that the injury was caused by negligent care. Courts do not require the patient to know the legal theory or to have an expert opinion.
How long does a child have to sue for medical malpractice in California?
3 years from the wrongful act, or, for a child injured under age 6, until the later of that date or the 8th birthday. Claims against public entities still need a government claim within 6 months.
What is the MICRA cap in 2026?
$470,000 for non-economic damages in injury cases and $650,000 in wrongful death cases filed in 2026, rising each January 1 until 2033.

Sources

  1. Cal. Code Civ. Proc. § 340.5: medical malpractice limitation period · California Codes (official), checked November 2026
  2. Cal. Code Civ. Proc. § 364: 90-day notice of intent to sue a health care provider · California Legislative Information (official), checked November 2026
  3. Cal. Civ. Code § 3333.2: limits on noneconomic damages (MICRA, as amended by AB 35) · California Legislative Information (official), checked November 2026
  4. Cal. Bus. & Prof. Code § 6146: attorney fee limits in professional negligence cases · California Legislative Information (official), checked November 2026
  5. Cal. Gov. Code § 911.2: claims against the state · California Codes (official), checked November 2026
  6. Cal. Code Civ. Proc. § 352: tolling for minors · California Codes (official), checked November 2026