Medical Malpractice Rules in California
The deadline to file a medical malpractice claim in California, the discovery rule, and caps on damages.
Short answer: A lawsuit against a health care provider must be filed within 1 year from the date the patient knew or should have known about the injury, or 3 years from the date of the injury, whichever is earlier. Cal. Code Civ. Proc. §§ 340.5, 364; Judicial Branch of California Self-Help Guide
| Medical malpractice deadline | A lawsuit against a health care provider must be filed within 1 year from the date the patient knew or should have known about the injury, or 3 years from the date of the injury, whichever is earlier. Before suing a health care provider, the patient must give the provider 90 days' notice. |
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| Medical malpractice caps | In medical malpractice cases filed on or after January 1, 2023, non-economic damages (pain, suffering and similar losses) are capped. The caps started at $350,000 for injury cases and $500,000 for wrongful death cases, and rise each January 1 by $40,000 (injury) and $50,000 (death) for 10 years, up to $750,000 and $1,000,000. Separate caps can apply to health care providers, to health care institutions, and to unaffiliated defendants. The cap in effect at the time of judgment, arbitration award or settlement applies. This section limits only non-economic losses. Source: Cal. Civ. Code § 3333.2 |
More California personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in California
- Wrongful Death Lawsuits in California
- Car Accident Claims in California
- Dog Bite Liability in California
- Slip, Trip and Fall Injuries in California
- Sidewalk and Public Property Falls in California
- Motorcycle Accident Claims in California
- Pedestrian Accident Claims in California
- Bicycle Accident Claims in California
- Uber and Lyft Accident Claims in California
- All California personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in California?
A lawsuit against a health care provider must be filed within 1 year from the date the patient knew or should have known about the injury, or 3 years from the date of the injury, whichever is earlier. Before suing a health care provider, the patient must give the provider 90 days' notice.
Is there a cap on medical malpractice damages in California?
In medical malpractice cases filed on or after January 1, 2023, non-economic damages (pain, suffering and similar losses) are capped. The caps started at $350,000 for injury cases and $500,000 for wrongful death cases, and rise each January 1 by $40,000 (injury) and $50,000 (death) for 10 years, up to $750,000 and $1,000,000. Separate caps can apply to health care providers, to health care institutions, and to unaffiliated defendants. The cap in effect at the time of judgment, arbitration award or settlement applies.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.