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California Medical Malpractice Claims

California medical malpractice has its own deadline: 3 years from injury or 1 year from discovery, whichever comes first (CCP § 340.5). You must give 90 days' notice before filing (CCP § 364). The MICRA noneconomic-damages cap (Civil Code § 3333.2), as amended by AB 35, now increases every January 1 — confirm the current amount.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a California attorney promptly — these deadlines are strict and shorter than you might expect.

Medical malpractice is negligence by a health care provider that injures a patient. California treats these claims differently from ordinary injury cases, with their own deadline, a pre-suit notice, and a cap on certain damages. See the personal injury hub for the statewide basics.

A special deadline

Instead of the ordinary two years, malpractice uses a two-part rule (Code of Civil Procedure § 340.5): 3 years from the date of injury OR 1 year from when you discovered (or should have discovered) the injury — whichever occurs first. The “discovery” branch can make the real deadline very short, so act quickly.

The 90-day notice

Before filing, you generally must serve a 90-day notice of intent to sue on the provider (Code of Civil Procedure § 364). Skipping this step can derail the case.

The MICRA cap on noneconomic damages

California caps noneconomic damages (pain and suffering) under MICRA (Civil Code § 3333.2). As amended by AB 35 (effective January 1, 2023), the old flat $250,000 cap was replaced. The cap now steps up every January 1 — at a higher amount for wrongful-death cases — increasing over a 10-year schedule, with an inflation adjustment beginning later. Because the figure changes each year, confirm the current amount for the relevant year. Note that economic damages — medical bills, lost wages — are not capped.

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Frequently asked questions

How long do I have to file a medical malpractice claim in California?
Three years from the date of injury or one year from when you discovered (or should have discovered) the injury, whichever occurs first (Code of Civil Procedure § 340.5).
Do I have to do anything before filing?
Yes. You must serve a 90-day notice of intent to sue before filing the lawsuit (Code of Civil Procedure § 364).
Is there a cap on damages?
There is a cap on noneconomic damages (pain and suffering) under MICRA (Civil Code § 3333.2). As amended by AB 35, the cap steps up every January 1, so confirm the current amount for the relevant year. Economic damages like medical bills and lost wages are not capped.

Sources

Related guides

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