What Is the Statute of Limitations for Medical Malpractice in California?
In California, the statute of limitations for medical malpractice is generally 1 year under Cal. Code Civ. Proc. § 340.5.
Medical malpractice Deadlines in California
How long do you have to file a medical malpractice claim in California?
In California, the statute of limitations for medical malpractice is generally 1 year under Cal. Code Civ. Proc. § 340.5. The full rule is: 1 Year (3-yr outer limit).
When does the clock start for medical malpractice in California?
One year from when the plaintiff knew or should have known of the injury, or three years from the date of injury — whichever comes first.
Can the California deadline for medical malpractice be extended?
A 90-day notice of intent to sue is required under § 364. Fraud, intentional concealment, and a retained foreign body are statutory exceptions to the three-year outer limit. Minority tolling works differently here than under § 352.
Is the deadline different if the claim is against the government in California?
Often, yes. Written claim generally presented within 6 months under Cal. Gov. Code § 911.2. Section 911.2(a) requires a claim for death, injury to person or personal property, or growing crops to be presented within six months of accrual; any other cause of action within one year. Suit generally cannot be filed until the claim is rejected or deemed r…
How does California compare to other states for medical malpractice?
California's 1 year is among the shortest in the country. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in California:
